SENATE AMENDMENT
    Bill No. CS for CS for SB 1456
    Amendment No. ___   Barcode 495300
                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 8, lines 20-24, delete those lines
15  
16  and insert:  
17         Section 3.  Subsections (13) and (15), of section
18  177.031, Florida Statutes, are amended to read:
19         177.031  Definitions.--As used in this part:
20         (13)  "P.C.P." means permanent control point and shall
21  be considered a reference monument.
22         (a)  "P.C.P.s" set in impervious surfaces must:
23         1.  Be composed of a metal marker with a point of
24  reference.
25         2.  Have a metal cap or disk bearing either the Florida
26  registration number of the professional surveyor and mapper in
27  responsible charge or the certificate of authorization number
28  of the legal entity, which number shall be preceded by LS or
29  LB as applicable and the letters "P.C.P."
30         (b)  "P.C.P.s" set in pervious surfaces must:
31         1.  Consist of a metal rod having a minimum length of
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    9:19 PM   04/26/04                               s1456.tr16.cc

SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 18 inches and a minimum cross-section area of material of 0.2 2 square inches In certain materials, encasement in concrete is 3 optional for stability of the rod. When used, encased in 4 concrete. the concrete shall have a minimum cross-section area 5 of 12.25 square inches and be a minimum of 24 inches long. 6 2. Be identified with a durable marker or cap with the 7 point of reference marked thereon bearing either the Florida 8 registration number of the professional surveyor and mapper in 9 responsible charge or the certificate of authorization number 10 of the legal entity, which number shall be preceded by LS or 11 LB as applicable and the letters "P.C.P." 12 (c) "P.C.P.s" must be detectable with conventional 13 instruments for locating ferrous or magnetic objects. 14 (15) "P.R.M." means a permanent reference monument 15 which must: 16 (a) Consist of a metal rod having a minimum length of 17 18 inches and a minimum cross-section area of material of 0.2 18 square inches In certain materials, encasement in concrete is 19 optional for stability of the rod. When used, encased in 20 concrete. the concrete shall have a minimum cross-section area 21 of 12.25 square inches and be a minimum of 24 inches long. 22 (b) Be identified with a durable marker or cap with 23 the point of reference marked thereon bearing either the 24 Florida registration number of the professional surveyor and 25 mapper in responsible charge or the certificate of 26 authorization number of the legal entity, which number shall 27 be preceded by LS or LB as applicable and the letters "P.R.M." 28 (c) Be detectable with conventional instruments for 29 locating ferrous or magnetic objects. 30 31 If the location of the "P.R.M." falls in a hard surface such 2 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 as asphalt or concrete, alternate monumentation may be used 2 that is durable and identifiable. 3 Section 4. Section 339.175, Florida Statutes, is 4 amended to read: 5 339.175 Metropolitan planning organization.--It is the 6 intent of the Legislature to encourage and promote the safe 7 and efficient management, operation, and development of 8 surface transportation systems that will serve the mobility 9 needs of people and freight within and through urbanized areas 10 of this state while minimizing transportation-related fuel 11 consumption and air pollution. To accomplish these objectives, 12 metropolitan planning organizations, referred to in this 13 section as M.P.O.'s, shall develop, in cooperation with the 14 state and public transit operators, transportation plans and 15 programs for metropolitan areas. The plans and programs for 16 each metropolitan area must provide for the development and 17 integrated management and operation of transportation systems 18 and facilities, including pedestrian walkways and bicycle 19 transportation facilities that will function as an intermodal 20 transportation system for the metropolitan area, based upon 21 the prevailing principles provided in s. 334.046(1). The 22 process for developing such plans and programs shall provide 23 for consideration of all modes of transportation and shall be 24 continuing, cooperative, and comprehensive, to the degree 25 appropriate, based on the complexity of the transportation 26 problems to be addressed. To ensure that the process is 27 integrated with the statewide planning process, M.P.O.'s shall 28 develop plans and programs that identify transportation 29 facilities that should function as an integrated metropolitan 30 transportation system, giving emphasis to facilities that 31 serve important national, state, and regional transportation 3 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 functions. For the purposes of this section, those facilities 2 include the facilities on the Strategic Intermodal System 3 designated under s. 339.63. 4 (1) DESIGNATION.-- 5 (a)1. An M.P.O. shall be designated for each urbanized 6 area of the state; however, this does not require that an 7 individual M.P.O. be designated for each such area. Such 8 designation shall be accomplished by agreement between the 9 Governor and units of general-purpose local government 10 representing at least 75 percent of the population of the 11 urbanized area; however, the unit of general-purpose local 12 government that represents the central city or cities within 13 the M.P.O. jurisdiction, as defined by the United States 14 Bureau of the Census, must be a party to such agreement. 15 2. More than one M.P.O. may be designated within an 16 existing metropolitan planning area only if the Governor and 17 the existing M.P.O. determine that the size and complexity of 18 the existing metropolitan planning area makes the designation 19 of more than one M.P.O. for the area appropriate. 20 (b) Each M.P.O. shall be created and operated under 21 the provisions of this section pursuant to an interlocal 22 agreement entered into pursuant to s. 163.01. The signatories 23 to the interlocal agreement shall be the department and the 24 governmental entities designated by the Governor for 25 membership on the M.P.O. If there is a conflict between this 26 section and s. 163.01, this section prevails. 27 (c) The jurisdictional boundaries of an M.P.O. shall 28 be determined by agreement between the Governor and the 29 applicable M.P.O. The boundaries must include at least the 30 metropolitan planning area, which is the existing urbanized 31 area and the contiguous area expected to become urbanized 4 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 within a 20-year forecast period, and may encompass the entire 2 metropolitan statistical area or the consolidated metropolitan 3 statistical area. 4 (d) In the case of an urbanized area designated as a 5 nonattainment area for ozone or carbon monoxide under the 6 Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of 7 the metropolitan planning area in existence as of the date of 8 enactment of this paragraph shall be retained, except that the 9 boundaries may be adjusted by agreement of the Governor and 10 affected metropolitan planning organizations in the manner 11 described in this section. If more than one M.P.O. has 12 authority within a metropolitan area or an area that is 13 designated as a nonattainment area, each M.P.O. shall consult 14 with other M.P.O.'s designated for such area and with the 15 state in the coordination of plans and programs required by 16 this section. 17 18 Each M.P.O. required under this section must be fully 19 operative no later than 6 months following its designation. 20 (2) VOTING MEMBERSHIP.-- 21 (a) The voting membership of an M.P.O. shall consist 22 of not fewer than 5 or more than 19 apportioned members, the 23 exact number to be determined on an equitable 24 geographic-population ratio basis by the Governor, based on an 25 agreement among the affected units of general-purpose local 26 government as required by federal rules and regulations. The 27 Governor, in accordance with 23 U.S.C. s. 134, may also 28 provide for M.P.O. members who represent municipalities to 29 alternate with representatives from other municipalities 30 within the metropolitan planning area that do not have members 31 on the M.P.O. County commission members shall compose not less 5 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 than one-third of the M.P.O. membership, except for an M.P.O. 2 with more than 15 members located in a county with a 3 five-member county commission or an M.P.O. with 19 members 4 located in a county with no more than 6 county commissioners, 5 in which case county commission members may compose less than 6 one-third percent of the M.P.O. membership, but all county 7 commissioners must be members. All voting members shall be 8 elected officials of general-purpose governments, except that 9 an M.P.O. may include, as part of its apportioned voting 10 members, a member of a statutorily authorized planning board, 11 an official of an agency that operates or administers a major 12 mode of transportation, or an official of the Florida Space 13 Authority. The county commission shall compose not less than 14 20 percent of the M.P.O. membership if an official of an 15 agency that operates or administers a major mode of 16 transportation has been appointed to an M.P.O. 17 (b) In metropolitan areas in which authorities or 18 other agencies have been or may be created by law to perform 19 transportation functions and are performing transportation 20 functions that are not under the jurisdiction of a general 21 purpose local government represented on the M.P.O., they shall 22 be provided voting membership on the M.P.O. In all other 23 M.P.O.'s where transportation authorities or agencies are to 24 be represented by elected officials from general purpose local 25 governments, the M.P.O. shall establish a process by which the 26 collective interests of such authorities or other agencies are 27 expressed and conveyed. 28 (c) Any other provision of this section to the 29 contrary notwithstanding, a chartered county with over 1 30 million population may elect to reapportion the membership of 31 an M.P.O. whose jurisdiction is wholly within the county. The 6 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 charter county may exercise the provisions of this paragraph 2 if: 3 1. The M.P.O. approves the reapportionment plan by a 4 three-fourths vote of its membership; 5 2. The M.P.O. and the charter county determine that 6 the reapportionment plan is needed to fulfill specific goals 7 and policies applicable to that metropolitan planning area; 8 and 9 3. The charter county determines the reapportionment 10 plan otherwise complies with all federal requirements 11 pertaining to M.P.O. membership. 12 13 Any charter county that elects to exercise the provisions of 14 this paragraph shall notify the Governor in writing. 15 (d) Any other provision of this section to the 16 contrary notwithstanding, any county chartered under s. 6(e), 17 Art. VIII of the State Constitution may elect to have its 18 county commission serve as the M.P.O., if the M.P.O. 19 jurisdiction is wholly contained within the county. Any 20 charter county that elects to exercise the provisions of this 21 paragraph shall so notify the Governor in writing. Upon 22 receipt of such notification, the Governor must designate the 23 county commission as the M.P.O. The Governor must appoint 24 four additional voting members to the M.P.O., one of whom must 25 be an elected official representing a municipality within the 26 county, one of whom must be an expressway authority member, 27 one of whom must be a person who does not hold elected public 28 office and who resides in the unincorporated portion of the 29 county, and one of whom must be a school board member. 30 (3) APPORTIONMENT.-- 31 (a) The Governor shall, with the agreement of the 7 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 affected units of general-purpose local government as required 2 by federal rules and regulations, apportion the membership on 3 the applicable M.P.O. among the various governmental entities 4 within the area and shall prescribe a method for appointing 5 alternate members who may vote at any M.P.O. meeting that an 6 alternate member attends in place of a regular member. An 7 appointed alternate member must be an elected official serving 8 the same governmental entity or a general-purpose local 9 government with jurisdiction within all or part of the area 10 that the regular member serves. The governmental entity so 11 designated shall appoint the appropriate number of members to 12 the M.P.O. from eligible officials. Representatives of the 13 department shall serve as nonvoting members of the M.P.O. 14 Nonvoting advisers may be appointed by the M.P.O. as deemed 15 necessary. The Governor shall review the composition of the 16 M.P.O. membership in conjunction with the decennial census as 17 prepared by the United States Department of Commerce, Bureau 18 of the Census, and reapportion it as necessary to comply with 19 subsection (2). 20 (b) Except for members who represent municipalities on 21 the basis of alternating with representatives from other 22 municipalities that do not have members on the M.P.O. as 23 provided in paragraph (2)(a), the members of an M.P.O. shall 24 serve 4-year terms. Members who represent municipalities on 25 the basis of alternating with representatives from other 26 municipalities that do not have members on the M.P.O. as 27 provided in paragraph (2)(a) may serve terms of up to 4 years 28 as further provided in the interlocal agreement described in 29 paragraph (1)(b). The membership of a member who is a public 30 official automatically terminates upon the member's leaving 31 his or her elective or appointive office for any reason, or 8 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 may be terminated by a majority vote of the total membership 2 of a county or city governing entity represented by the 3 member. A vacancy shall be filled by the original appointing 4 entity. A member may be reappointed for one or more 5 additional 4-year terms. 6 (c) If a governmental entity fails to fill an assigned 7 appointment to an M.P.O. within 60 days after notification by 8 the Governor of its duty to appoint, that appointment shall be 9 made by the Governor from the eligible representatives of that 10 governmental entity. 11 (4) AUTHORITY AND RESPONSIBILITY.--The authority and 12 responsibility of an M.P.O. is to manage a continuing, 13 cooperative, and comprehensive transportation planning process 14 that, based upon the prevailing principles provided in s. 15 334.046(1), results in the development of plans and programs 16 which are consistent, to the maximum extent feasible, with the 17 approved local government comprehensive plans of the units of 18 local government the boundaries of which are within the 19 metropolitan area of the M.P.O. An M.P.O. shall be the forum 20 for cooperative decisionmaking by officials of the affected 21 governmental entities in the development of the plans and 22 programs required by subsections (5), (6), (7), and (8). 23 (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers, 24 privileges, and authority of an M.P.O. are those specified in 25 this section or incorporated in an interlocal agreement 26 authorized under s. 163.01. Each M.P.O. shall perform all 27 acts required by federal or state laws or rules, now and 28 subsequently applicable, which are necessary to qualify for 29 federal aid. It is the intent of this section that each M.P.O. 30 shall be involved in the planning and programming of 31 transportation facilities, including, but not limited to, 9 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 airports, intercity and high-speed rail lines, seaports, and 2 intermodal facilities, to the extent permitted by state or 3 federal law. 4 (a) Each M.P.O. shall, in cooperation with the 5 department, develop: 6 1. A long-range transportation plan pursuant to the 7 requirements of subsection (6); 8 2. An annually updated transportation improvement 9 program pursuant to the requirements of subsection (7); and 10 3. An annual unified planning work program pursuant to 11 the requirements of subsection (8). 12 (b) In developing the long-range transportation plan 13 and the transportation improvement program required under 14 paragraph (a), each M.P.O. shall provide for consideration of 15 projects and strategies that will: 16 1. Support the economic vitality of the metropolitan 17 area, especially by enabling global competitiveness, 18 productivity, and efficiency; 19 2. Increase the safety and security of the 20 transportation system for motorized and nonmotorized users; 21 3. Increase the accessibility and mobility options 22 available to people and for freight; 23 4. Protect and enhance the environment, promote energy 24 conservation, and improve quality of life; 25 5. Enhance the integration and connectivity of the 26 transportation system, across and between modes, for people 27 and freight; 28 6. Promote efficient system management and operation; 29 and 30 7. Emphasize the preservation of the existing 31 transportation system. 10 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 (c) In order to provide recommendations to the 2 department and local governmental entities regarding 3 transportation plans and programs, each M.P.O. shall: 4 1. Prepare a congestion management system for the 5 metropolitan area and cooperate with the department in the 6 development of all other transportation management systems 7 required by state or federal law; 8 2. Assist the department in mapping transportation 9 planning boundaries required by state or federal law; 10 3. Assist the department in performing its duties 11 relating to access management, functional classification of 12 roads, and data collection; 13 4. Execute all agreements or certifications necessary 14 to comply with applicable state or federal law; 15 5. Represent all the jurisdictional areas within the 16 metropolitan area in the formulation of transportation plans 17 and programs required by this section; and 18 6. Perform all other duties required by state or 19 federal law. 20 (d) Each M.P.O. shall appoint a technical advisory 21 committee that includes planners; engineers; representatives 22 of local aviation authorities, port authorities, and public 23 transit authorities or representatives of aviation 24 departments, seaport departments, and public transit 25 departments of municipal or county governments, as applicable; 26 the school superintendent of each county within the 27 jurisdiction of the M.P.O. or the superintendent's designee; 28 and other appropriate representatives of affected local 29 governments. In addition to any other duties assigned to it by 30 the M.P.O. or by state or federal law, the technical advisory 31 committee is responsible for considering safe access to 11 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 schools in its review of transportation project priorities, 2 long-range transportation plans, and transportation 3 improvement programs, and shall advise the M.P.O. on such 4 matters. In addition, the technical advisory committee shall 5 coordinate its actions with local school boards and other 6 local programs and organizations within the metropolitan area 7 which participate in school safety activities, such as locally 8 established community traffic safety teams. Local school 9 boards must provide the appropriate M.P.O. with information 10 concerning future school sites and in the coordination of 11 transportation service. 12 (e)1. Each M.P.O. shall appoint a citizens' advisory 13 committee, the members of which serve at the pleasure of the 14 M.P.O. The membership on the citizens' advisory committee must 15 reflect a broad cross section of local residents with an 16 interest in the development of an efficient, safe, and 17 cost-effective transportation system. Minorities, the elderly, 18 and the handicapped must be adequately represented. 19 2. Notwithstanding the provisions of subparagraph 1., 20 an M.P.O. may, with the approval of the department and the 21 applicable federal governmental agency, adopt an alternative 22 program or mechanism to ensure citizen involvement in the 23 transportation planning process. 24 (f) The department shall allocate to each M.P.O., for 25 the purpose of accomplishing its transportation planning and 26 programming duties, an appropriate amount of federal 27 transportation planning funds. 28 (g) Each M.P.O. may employ personnel or may enter into 29 contracts with local or state agencies, private planning 30 firms, or private engineering firms to accomplish its 31 transportation planning and programming duties required by 12 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 state or federal law. 2 (h) A chair's coordinating committee is created, 3 composed of the M.P.O.'s serving Hernando, Hillsborough, 4 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The 5 committee must, at a minimum: 6 1. Coordinate transportation projects deemed to be 7 regionally significant by the committee. 8 2. Review the impact of regionally significant land 9 use decisions on the region. 10 3. Review all proposed regionally significant 11 transportation projects in the respective transportation 12 improvement programs which affect more than one of the 13 M.P.O.'s represented on the committee. 14 4. Institute a conflict resolution process to address 15 any conflict that may arise in the planning and programming of 16 such regionally significant projects. 17 (i)1. The Legislature finds that the state's rapid 18 growth in recent decades has caused many urbanized areas 19 subject to M.P.O. jurisdiction to become contiguous to each 20 other. As a result, various transportation projects may cross 21 from the jurisdiction of one M.P.O. into the jurisdiction of 22 another M.P.O. To more fully accomplish the purposes for which 23 M.P.O.'s have been mandated, M.P.O.'s shall develop 24 coordination mechanisms with one another to expand and improve 25 transportation within the state. The appropriate method of 26 coordination between M.P.O.'s shall vary depending upon the 27 project involved and given local and regional needs. 28 Consequently, it is appropriate to set forth a flexible 29 methodology that can be used by M.P.O.'s to coordinate with 30 other M.P.O.'s and appropriate political subdivisions as 31 circumstances demand. 13 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 2. Any M.P.O. may join with any other M.P.O. or any 2 individual political subdivision to coordinate activities or 3 to achieve any federal or state transportation planning or 4 development goals or purposes consistent with federal or state 5 law. When an M.P.O. determines that it is appropriate to join 6 with another M.P.O. or any political subdivision to coordinate 7 activities, the M.P.O. or political subdivision shall enter 8 into an interlocal agreement pursuant to s. 163.01, which, at 9 a minimum, creates a separate legal or administrative entity 10 to coordinate the transportation planning or development 11 activities required to achieve the goal or purpose; provide 12 the purpose for which the entity is created; provide the 13 duration of the agreement and the entity, and specify how the 14 agreement may be terminated, modified, or rescinded; describe 15 the precise organization of the entity, including who has 16 voting rights on the governing board, whether alternative 17 voting members are provided for, how voting members are 18 appointed, and what the relative voting strength is for each 19 constituent M.P.O. or political subdivision; provide the 20 manner in which the parties to the agreement will provide for 21 the financial support of the entity and payment of costs and 22 expenses of the entity; provide the manner in which funds may 23 be paid to and disbursed from the entity; and provide how 24 members of the entity will resolve disagreements regarding 25 interpretation of the interlocal agreement or disputes 26 relating to the operation of the entity. Such interlocal 27 agreement shall become effective upon its recordation in the 28 official public records of each county in which a member of 29 the entity created by the interlocal agreement has a voting 30 member. This paragraph does not require any M.P.O.'s to merge, 31 combine, or otherwise join together as a single M.P.O. 14 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 (6) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must 2 develop a long-range transportation plan that addresses at 3 least a 20-year planning horizon. The plan must include both 4 long-range and short-range strategies and must comply with all 5 other state and federal requirements. The prevailing 6 principles to be considered in the long-range transportation 7 plan are: preserving the existing transportation 8 infrastructure; enhancing Florida's economic competitiveness; 9 and improving travel choices to ensure mobility. The 10 long-range transportation plan must be consistent, to the 11 maximum extent feasible, with future land use elements and the 12 goals, objectives, and policies of the approved local 13 government comprehensive plans of the units of local 14 government located within the jurisdiction of the M.P.O. The 15 approved long-range transportation plan must be considered by 16 local governments in the development of the transportation 17 elements in local government comprehensive plans and any 18 amendments thereto. The long-range transportation plan must, 19 at a minimum: 20 (a) Identify transportation facilities, including, but 21 not limited to, major roadways, airports, seaports, 22 spaceports, commuter rail systems, transit systems, and 23 intermodal or multimodal terminals that will function as an 24 integrated metropolitan transportation system. The long-range 25 transportation plan must give emphasis to those transportation 26 facilities that serve national, statewide, or regional 27 functions, and must consider the goals and objectives 28 identified in the Florida Transportation Plan as provided in 29 s. 339.155. If a project is located within the boundaries of 30 more than one M.P.O., the M.P.O.'s must coordinate plans 31 regarding the project in the long-range transportation plan. 15 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 (b) Include a financial plan that demonstrates how the 2 plan can be implemented, indicating resources from public and 3 private sources which are reasonably expected to be available 4 to carry out the plan, and recommends any additional financing 5 strategies for needed projects and programs. The financial 6 plan may include, for illustrative purposes, additional 7 projects that would be included in the adopted long-range 8 transportation plan if reasonable additional resources beyond 9 those identified in the financial plan were available. For the 10 purpose of developing the long-range transportation plan, the 11 M.P.O. and the department shall cooperatively develop 12 estimates of funds that will be available to support the plan 13 implementation. Innovative financing techniques may be used to 14 fund needed projects and programs. Such techniques may 15 include the assessment of tolls, the use of value capture 16 financing, or the use of value pricing. 17 (c) Assess capital investment and other measures 18 necessary to: 19 1. Ensure the preservation of the existing 20 metropolitan transportation system including requirements for 21 the operation, resurfacing, restoration, and rehabilitation of 22 major roadways and requirements for the operation, 23 maintenance, modernization, and rehabilitation of public 24 transportation facilities; and 25 2. Make the most efficient use of existing 26 transportation facilities to relieve vehicular congestion and 27 maximize the mobility of people and goods. 28 (d) Indicate, as appropriate, proposed transportation 29 enhancement activities, including, but not limited to, 30 pedestrian and bicycle facilities, scenic easements, 31 landscaping, historic preservation, mitigation of water 16 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 pollution due to highway runoff, and control of outdoor 2 advertising. 3 (e) In addition to the requirements of paragraphs 4 (a)-(d), in metropolitan areas that are classified as 5 nonattainment areas for ozone or carbon monoxide, the M.P.O. 6 must coordinate the development of the long-range 7 transportation plan with the State Implementation Plan 8 developed pursuant to the requirements of the federal Clean 9 Air Act. 10 11 In the development of its long-range transportation plan, each 12 M.P.O. must provide the public, affected public agencies, 13 representatives of transportation agency employees, freight 14 shippers, providers of freight transportation services, 15 private providers of transportation, representatives of users 16 of public transit, and other interested parties with a 17 reasonable opportunity to comment on the long-range 18 transportation plan. The long-range transportation plan must 19 be approved by the M.P.O. 20 (7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O. 21 shall, in cooperation with the state and affected public 22 transportation operators, develop a transportation improvement 23 program for the area within the jurisdiction of the M.P.O. In 24 the development of the transportation improvement program, 25 each M.P.O. must provide the public, affected public agencies, 26 representatives of transportation agency employees, freight 27 shippers, providers of freight transportation services, 28 private providers of transportation, representatives of users 29 of public transit, and other interested parties with a 30 reasonable opportunity to comment on the proposed 31 transportation improvement program. 17 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 (a) Each M.P.O. is responsible for developing, 2 annually, a list of project priorities and a transportation 3 improvement program. The prevailing principles to be 4 considered by each M.P.O. when developing a list of project 5 priorities and a transportation improvement program are: 6 preserving the existing transportation infrastructure; 7 enhancing Florida's economic competitiveness; and improving 8 travel choices to ensure mobility. The transportation 9 improvement program will be used to initiate federally aided 10 transportation facilities and improvements as well as other 11 transportation facilities and improvements including transit, 12 rail, aviation, spaceport, and port facilities to be funded 13 from the State Transportation Trust Fund within its 14 metropolitan area in accordance with existing and subsequent 15 federal and state laws and rules and regulations related 16 thereto. The transportation improvement program shall be 17 consistent, to the maximum extent feasible, with the approved 18 local government comprehensive plans of the units of local 19 government whose boundaries are within the metropolitan area 20 of the M.P.O. 21 (b) Each M.P.O. annually shall prepare a list of 22 project priorities and shall submit the list to the 23 appropriate district of the department by October 1 of each 24 year; however, the department and a metropolitan planning 25 organization may, in writing, agree to vary this submittal 26 date. The list of project priorities must be formally reviewed 27 by the technical and citizens' advisory committees, and 28 approved by the M.P.O., before it is transmitted to the 29 district. The approved list of project priorities must be used 30 by the district in developing the district work program and 31 must be used by the M.P.O. in developing its transportation 18 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 improvement program. The annual list of project priorities 2 must be based upon project selection criteria that, at a 3 minimum, consider the following: 4 1. The approved M.P.O. long-range transportation plan; 5 2. The Strategic Intermodal System Plan developed under 6 s. 339.64. 7 3.2. The results of the transportation management 8 systems; and 9 4.3. The M.P.O.'s public-involvement procedures. 10 (c) The transportation improvement program must, at a 11 minimum: 12 1. Include projects and project phases to be funded 13 with state or federal funds within the time period of the 14 transportation improvement program and which are recommended 15 for advancement during the next fiscal year and 4 subsequent 16 fiscal years. Such projects and project phases must be 17 consistent, to the maximum extent feasible, with the approved 18 local government comprehensive plans of the units of local 19 government located within the jurisdiction of the M.P.O. For 20 informational purposes, the transportation improvement program 21 shall also include a list of projects to be funded from local 22 or private revenues. 23 2. Include projects within the metropolitan area which 24 are proposed for funding under 23 U.S.C. s. 134 of the Federal 25 Transit Act and which are consistent with the long-range 26 transportation plan developed under subsection (6). 27 3. Provide a financial plan that demonstrates how the 28 transportation improvement program can be implemented; 29 indicates the resources, both public and private, that are 30 reasonably expected to be available to accomplish the program; 31 identifies any innovative financing techniques that may be 19 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 used to fund needed projects and programs; and may include, 2 for illustrative purposes, additional projects that would be 3 included in the approved transportation improvement program if 4 reasonable additional resources beyond those identified in the 5 financial plan were available. Innovative financing techniques 6 may include the assessment of tolls, the use of value capture 7 financing, or the use of value pricing. The transportation 8 improvement program may include a project or project phase 9 only if full funding can reasonably be anticipated to be 10 available for the project or project phase within the time 11 period contemplated for completion of the project or project 12 phase. 13 4. Group projects and project phases of similar 14 urgency and anticipated staging into appropriate staging 15 periods. 16 5. Indicate how the transportation improvement program 17 relates to the long-range transportation plan developed under 18 subsection (6), including providing examples of specific 19 projects or project phases that further the goals and policies 20 of the long-range transportation plan. 21 6. Indicate whether any project or project phase is 22 inconsistent with an approved comprehensive plan of a unit of 23 local government located within the jurisdiction of the M.P.O. 24 If a project is inconsistent with an affected comprehensive 25 plan, the M.P.O. must provide justification for including the 26 project in the transportation improvement program. 27 7. Indicate how the improvements are consistent, to 28 the maximum extent feasible, with affected seaport, airport, 29 and spaceport master plans and with public transit development 30 plans of the units of local government located within the 31 jurisdiction of the M.P.O. If a project is located within the 20 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 boundaries of more than one M.P.O., the M.P.O.'s must 2 coordinate plans regarding the project in the transportation 3 improvement program. 4 (d) Projects included in the transportation 5 improvement program and that have advanced to the design stage 6 of preliminary engineering may be removed from or rescheduled 7 in a subsequent transportation improvement program only by the 8 joint action of the M.P.O. and the department. Except when 9 recommended in writing by the district secretary for good 10 cause, any project removed from or rescheduled in a subsequent 11 transportation improvement program shall not be rescheduled by 12 the M.P.O. in that subsequent program earlier than the 5th 13 year of such program. 14 (e) During the development of the transportation 15 improvement program, the M.P.O. shall, in cooperation with the 16 department and any affected public transit operation, provide 17 citizens, affected public agencies, representatives of 18 transportation agency employees, freight shippers, providers 19 of freight transportation services, private providers of 20 transportation, representatives of users of public transit, 21 and other interested parties with reasonable notice of and an 22 opportunity to comment on the proposed program. 23 (f) The adopted annual transportation improvement 24 program for M.P.O.'s in nonattainment or maintenance areas 25 must be submitted to the district secretary and the Department 26 of Community Affairs at least 90 days before the submission of 27 the state transportation improvement program by the department 28 to the appropriate federal agencies. The annual transportation 29 improvement program for M.P.O.'s in attainment areas must be 30 submitted to the district secretary and the Department of 31 Community Affairs at least 45 days before the department 21 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 submits the state transportation improvement program to the 2 appropriate federal agencies; however, the department, the 3 Department of Community Affairs, and a metropolitan planning 4 organization may, in writing, agree to vary this submittal 5 date. The Governor or the Governor's designee shall review 6 and approve each transportation improvement program and any 7 amendments thereto. 8 (g) The Department of Community Affairs shall review 9 the annual transportation improvement program of each M.P.O. 10 for consistency with the approved local government 11 comprehensive plans of the units of local government whose 12 boundaries are within the metropolitan area of each M.P.O. and 13 shall identify those projects that are inconsistent with such 14 comprehensive plans. The Department of Community Affairs shall 15 notify an M.P.O. of any transportation projects contained in 16 its transportation improvement program which are inconsistent 17 with the approved local government comprehensive plans of the 18 units of local government whose boundaries are within the 19 metropolitan area of the M.P.O. 20 (h) The M.P.O. shall annually publish or otherwise 21 make available for public review the annual listing of 22 projects for which federal funds have been obligated in the 23 preceding year. Project monitoring systems must be maintained 24 by those agencies responsible for obligating federal funds and 25 made accessible to the M.P.O.'s. 26 (8) UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall 27 develop, in cooperation with the department and public 28 transportation providers, a unified planning work program that 29 lists all planning tasks to be undertaken during the program 30 year. The unified planning work program must provide a 31 complete description of each planning task and an estimated 22 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 budget therefor and must comply with applicable state and 2 federal law. 3 (9) AGREEMENTS.-- 4 (a) Each M.P.O. shall execute the following written 5 agreements, which shall be reviewed, and updated as necessary, 6 every 5 years: 7 1. An agreement with the department clearly 8 establishing the cooperative relationship essential to 9 accomplish the transportation planning requirements of state 10 and federal law. 11 2. An agreement with the metropolitan and regional 12 intergovernmental coordination and review agencies serving the 13 metropolitan areas, specifying the means by which activities 14 will be coordinated and how transportation planning and 15 programming will be part of the comprehensive planned 16 development of the area. 17 3. An agreement with operators of public 18 transportation systems, including transit systems, commuter 19 rail systems, airports, seaports, and spaceports, describing 20 the means by which activities will be coordinated and 21 specifying how public transit, commuter rail, aviation, 22 seaport, and aerospace planning and programming will be part 23 of the comprehensive planned development of the metropolitan 24 area. 25 (b) An M.P.O. may execute other agreements required by 26 state or federal law or as necessary to properly accomplish 27 its functions. 28 (10) METROPOLITAN PLANNING ORGANIZATION ADVISORY 29 COUNCIL.-- 30 (a) A Metropolitan Planning Organization Advisory 31 Council is created to augment, and not supplant, the role of 23 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 the individual M.P.O.'s in the cooperative transportation 2 planning process described in this section. 3 (b) The council shall consist of one representative 4 from each M.P.O. and shall elect a chairperson annually from 5 its number. Each M.P.O. shall also elect an alternate 6 representative from each M.P.O. to vote in the absence of the 7 representative. Members of the council do not receive any 8 compensation for their services, but may be reimbursed from 9 funds made available to council members for travel and per 10 diem expenses incurred in the performance of their council 11 duties as provided in s. 112.061. 12 (c) The powers and duties of the Metropolitan Planning 13 Organization Advisory Council are to: 14 1. Enter into contracts with individuals, private 15 corporations, and public agencies. 16 2. Acquire, own, operate, maintain, sell, or lease 17 personal property essential for the conduct of business. 18 3. Accept funds, grants, assistance, gifts, or 19 bequests from private, local, state, or federal sources. 20 4. Establish bylaws and adopt rules pursuant to ss. 21 120.536(1) and 120.54 to implement provisions of law 22 conferring powers or duties upon it. 23 5. Assist M.P.O.'s in carrying out the urbanized area 24 transportation planning process by serving as the principal 25 forum for collective policy discussion pursuant to law. 26 6. Serve as a clearinghouse for review and comment by 27 M.P.O.'s on the Florida Transportation Plan and on other 28 issues required to comply with federal or state law in 29 carrying out the urbanized area transportation and systematic 30 planning processes instituted pursuant to s. 339.155. 31 7. Employ an executive director and such other staff 24 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 as necessary to perform adequately the functions of the 2 council, within budgetary limitations. The executive director 3 and staff are exempt from part II of chapter 110 and serve at 4 the direction and control of the council. The council is 5 assigned to the Office of the Secretary of the Department of 6 Transportation for fiscal and accountability purposes, but it 7 shall otherwise function independently of the control and 8 direction of the department. 9 8. Adopt an agency strategic plan that provides the 10 priority directions the agency will take to carry out its 11 mission within the context of the state comprehensive plan and 12 any other statutory mandates and directions given to the 13 agency. 14 (11) APPLICATION OF FEDERAL LAW.--Upon notification by 15 an agency of the Federal Government that any provision of this 16 section conflicts with federal laws or regulations, such 17 federal laws or regulations will take precedence to the extent 18 of the conflict until such conflict is resolved. The 19 department or an M.P.O. may take any necessary action to 20 comply with such federal laws and regulations or to continue 21 to remain eligible to receive federal funds. 22 23 (Redesignate subsequent sections.) 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, line 2-15, delete those lines 29 30 and insert: 31 An act relating to the transportation; amending 25 9:19 PM 04/26/04 s1456.tr16.cc
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 495300 1 s. 20.23, F.S.; authorizing the secretary of 2 the department to appoint an additional 3 assistant secretary and deputy assistant 4 secretaries or directors; revising the 5 organization of the department to specify areas 6 of program responsibility; authorizing the 7 secretary to reorganize offices within the 8 department in consultation with the Executive 9 Office of the Governor; amending s. 110.205, 10 F.S., relating to career service; conforming 11 provisions to changes made by the act; amending 12 177.031, F.S.; providing that encasement in 13 concrete is optional for survey markers made of 14 certain materials; amending s. 339.175, F.S.; 15 revising planning procedures of metropolitan 16 planning organizations; requiring development 17 of plans and programs that identify 18 transportation facilities that should function 19 as an integrated metropolitan planning system; 20 requiring that the approved list of project 21 priorities include projects on the Strategic 22 Intermodal System; amending s. 338.251, F.S.; 23 24 25 26 27 28 29 30 31 26 9:19 PM 04/26/04 s1456.tr16.cc