| 1 | A bill to be entitled |
| 2 | An act relating to transportation facilities; amending s. |
| 3 | 206.608, F.S.; removing restrictions on use of specified |
| 4 | proceeds in the State Transportation Trust Fund; amending |
| 5 | s. 215.211, F.S.; revising use of certain proceeds of the |
| 6 | local option fuel tax; providing for distribution of such |
| 7 | funds to the Transportation Rural Initiative Program and |
| 8 | to counties; amending s. 339.08, F.S.; revising provisions |
| 9 | for use of moneys in the State Transportation Trust Fund; |
| 10 | providing for use of such funds for projects on the |
| 11 | Strategic Intermodal System, the Regional Incentive Grant |
| 12 | Program, and the Transportation Rural Initiative Program; |
| 13 | amending s. 339.135, F.S.; revising provisions for use of |
| 14 | new discretionary highway capacity funds; providing for |
| 15 | allocation of such funds to the Strategic Intermodal |
| 16 | System and the Regional Incentive Grant Program; repealing |
| 17 | s. 339.137, F.S., relating to the Transportation Outreach |
| 18 | Program; amending s. 339.1371, F.S.; removing provisions |
| 19 | to fund the Transportation Outreach Program; amending s. |
| 20 | 339.175, F.S.; revising planning procedures of |
| 21 | metropolitan planning organizations; requiring |
| 22 | coordination with the statewide planning process for |
| 23 | certain purposes; requiring development of plans and |
| 24 | programs that identify transportation facilities that |
| 25 | should function as an integrated metropolitan |
| 26 | transportation system; requiring that certain metropolitan |
| 27 | planning organizations adopt a unified regional long-range |
| 28 | transportation plan that serves as the basis of |
| 29 | transportation improvement programs and identifies |
| 30 | regional priorities; requiring that transportation |
| 31 | improvement programs be consistent with regional |
| 32 | transportation improvement programs; requiring that the |
| 33 | approved list of project priorities include projects on |
| 34 | the Strategic Intermodal System and be coordinated with |
| 35 | the development of regional transportation improvement |
| 36 | programs; repealing s. 339.2816, F.S., relating to the |
| 37 | Small County Road Assistance Program; amending s. |
| 38 | 339.2817, F.S.; renaming the County Incentive Grant |
| 39 | Program as the Regional Incentive Grant Program; revising |
| 40 | purpose of the grant program; providing for grants to |
| 41 | regional transportation areas; providing that such grants |
| 42 | shall fund projects from regional transportation |
| 43 | improvement programs; providing criteria for grants; |
| 44 | providing for the Department of Transportation to |
| 45 | determine the boundaries of regional transportation areas |
| 46 | by rule; providing procedures, timeframes, and criteria |
| 47 | for submission of programs for grants; providing criteria |
| 48 | for development of regional transportation programs; |
| 49 | providing for interlocal agreements in development of |
| 50 | regional transportation improvement programs; providing |
| 51 | criteria for such agreements; providing for the allocation |
| 52 | of certain funds to the Regional Incentive Grant Program; |
| 53 | amending s. 339.2818, F.S.; renaming the Small County |
| 54 | Outreach Program as the Transportation Rural Initiative |
| 55 | Program; revising purposes of the program; defining |
| 56 | "economically distressed rural county"; providing for |
| 57 | funds in the State Transportation Trust Fund to be used |
| 58 | for the program; providing that economically distressed |
| 59 | rural counties shall be eligible to compete for funds for |
| 60 | projects on county roads; providing for basis of matching |
| 61 | funds; providing for review by the Rural Economic |
| 62 | Development Initiative of projects proposed for funding; |
| 63 | amending s. 339.55, F.S.; providing that the state-funded |
| 64 | infrastructure bank may lend capital costs or provide |
| 65 | credit enhancements for Regional Incentive Grant Program |
| 66 | projects; revising criteria to be eligible for |
| 67 | consideration by the bank; requiring that Regional |
| 68 | Incentive Grant Program projects match a certain amount of |
| 69 | the loan from the bank; providing an effective date. |
| 70 |
|
| 71 | Be It Enacted by the Legislature of the State of Florida: |
| 72 |
|
| 73 | Section 1. Subsection (2) of section 206.608, Florida |
| 74 | Statutes, is amended to read: |
| 75 | 206.608 State Comprehensive Enhanced Transportation System |
| 76 | Tax; deposit of proceeds; distribution.--Moneys received |
| 77 | pursuant to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited |
| 78 | in the Fuel Tax Collection Trust Fund, and, after deducting the |
| 79 | service charge imposed in chapter 215 and administrative costs |
| 80 | incurred by the department in collecting, administering, |
| 81 | enforcing, and distributing the tax, which administrative costs |
| 82 | may not exceed 2 percent of collections, shall be distributed as |
| 83 | follows: |
| 84 | (2) The remaining proceeds of the tax levied pursuant to |
| 85 | s. 206.41(1)(f) and all of the proceeds from the tax imposed by |
| 86 | s. 206.87(1)(d) shall be transferred into the State |
| 87 | Transportation Trust Fund, and may be used only for projects in |
| 88 | the adopted work program in the district in which the tax |
| 89 | proceeds are collected and, to the maximum extent feasible, such |
| 90 | moneys shall be programmed for use in the county where |
| 91 | collected. However, no revenue from the taxes imposed pursuant |
| 92 | to ss. 206.41(1)(f) and 206.87(1)(d) in a county shall be |
| 93 | expended unless the projects funded with such revenues have been |
| 94 | included in the work program adopted pursuant to s. 339.135. |
| 95 | Section 2. Subsection (3) of section 215.211, Florida |
| 96 | Statutes, is amended to read: |
| 97 | 215.211 Service charge; elimination or reduction for |
| 98 | specified proceeds.-- |
| 99 | (3) Notwithstanding the provisions of s. 215.20(1), the |
| 100 | service charge provided in s. 215.20(1), which is deducted from |
| 101 | the proceeds of the local option fuel tax distributed under s. |
| 102 | 336.025, shall be reduced as follows: |
| 103 | (a) For the period July 1, 2005, through June 30, 2006, |
| 104 | the rate of the service charge shall be 3.5 percent. |
| 105 | (b) Beginning July 1, 2006, and thereafter, no service |
| 106 | charge shall be deducted from the proceeds of the local option |
| 107 | fuel tax distributed under s. 336.025. |
| 108 |
|
| 109 | Twenty percent of the increased revenues derived from this |
| 110 | subsection shall be deposited in the State Transportation Trust |
| 111 | Fund and used to fund the Transportation Rural Initiative |
| 112 | Program as outlined in s. 339.2818. The remaining 80 percent of |
| 113 | the increased revenues shall be distributed to the county of |
| 114 | collection County Incentive Grant Program and the Small County |
| 115 | Outreach Program. Up to 20 percent of such funds shall be used |
| 116 | for the purpose of implementing the Small County Outreach |
| 117 | Program as provided in this act. Notwithstanding any other laws |
| 118 | to the contrary, the requirements of ss. 339.135, 339.155, and |
| 119 | 339.175 shall not apply to these funds and programs. |
| 120 | Section 3. Section 339.08, Florida Statutes, is amended to |
| 121 | read: |
| 122 | 339.08 Use of moneys in State Transportation Trust Fund.-- |
| 123 | (1) The department shall expend by rule provide for the |
| 124 | expenditure of the moneys in the State Transportation Trust Fund |
| 125 | accruing to the department, in accordance with its annual |
| 126 | budget. |
| 127 | (2) These rules must restrict The use of such moneys shall |
| 128 | be restricted to the following purposes: |
| 129 | (a) To pay administrative expenses of the department, |
| 130 | including administrative expenses incurred by the several state |
| 131 | transportation districts, but excluding administrative expenses |
| 132 | of commuter rail authorities that do not operate rail service. |
| 133 | (b) To pay the cost of construction of the State Highway |
| 134 | System. |
| 135 | (c) To pay the cost of maintaining the State Highway |
| 136 | System. |
| 137 | (d) To pay the cost of public transportation projects in |
| 138 | accordance with chapter 341 and ss. 332.003-332.007. |
| 139 | (e) To reimburse counties or municipalities for |
| 140 | expenditures made on projects in the State Highway System as |
| 141 | authorized by s. 339.12(4) upon legislative approval. |
| 142 | (f) To pay the cost of economic development transportation |
| 143 | projects in accordance with s. 288.063. |
| 144 | (g) To lend or pay a portion of the operating, |
| 145 | maintenance, and capital costs of a revenue-producing |
| 146 | transportation project that is located on the State Highway |
| 147 | System or that is demonstrated to relieve traffic congestion on |
| 148 | the State Highway System. |
| 149 | (h) To match any federal-aid funds allocated for any other |
| 150 | transportation purpose, including funds allocated to projects |
| 151 | not located in the State Highway System. |
| 152 | (i) To pay the cost of county road projects on the |
| 153 | Strategic Intermodal System designated pursuant to s. 339.61 |
| 154 | selected in accordance with the Small County Road Assistance |
| 155 | Program created in s. 339.2816. |
| 156 | (j) To pay the cost of county or municipal road projects |
| 157 | selected in accordance with the Regional County Incentive Grant |
| 158 | Program created in s. 339.2817 and the Transportation Rural |
| 159 | Initiative Small County Outreach Program created in s. 339.2818. |
| 160 | (k) To provide loans and credit enhancements for use in |
| 161 | constructing and improving highway transportation facilities |
| 162 | selected in accordance with the state-funded infrastructure bank |
| 163 | created in s. 339.55. |
| 164 | (l) To fund the Transportation Outreach Program created in |
| 165 | s. 339.137. |
| 166 | (l)(m) To pay other lawful expenditures of the department. |
| 167 | (2)(3) Unless specifically provided in the General |
| 168 | Appropriations Act or the substantive bill implementing the |
| 169 | General Appropriations Act, no moneys in the State |
| 170 | Transportation Trust Fund may be used to fund the operational or |
| 171 | capital outlay cost for any correctional facility of the |
| 172 | Department of Corrections. The department shall, however, enter |
| 173 | into contractual arrangements with the Department of Corrections |
| 174 | for those specific maintenance functions that can be performed |
| 175 | effectively by prison inmates under the supervision of |
| 176 | Department of Corrections personnel with technical assistance |
| 177 | being provided by the department. The cost of such contracts |
| 178 | must not exceed the cost that would be incurred by the |
| 179 | department if these functions were to be performed by its |
| 180 | personnel or by contract with another entity unless, |
| 181 | notwithstanding cost, the department can clearly demonstrate |
| 182 | that for reasons of expediency or efficiency it is in the best |
| 183 | interests of the department to contract with the Department of |
| 184 | Corrections. |
| 185 | (3)(4) The department may authorize the investment of the |
| 186 | earnings accrued and collected upon the investment of the |
| 187 | minimum balance of funds required to be maintained in the State |
| 188 | Transportation Trust Fund pursuant to s. 339.135(6)(b). Such |
| 189 | investment shall be limited as provided in s. 288.9607(7). |
| 190 | (4)(5) For the 2003-2004 fiscal year only and |
| 191 | notwithstanding the provisions of this section and s. 339.09(1), |
| 192 | $200 million may be transferred from the State Transportation |
| 193 | Trust Fund to the General Revenue Fund in the 2003-2004 General |
| 194 | Appropriations Act. Such transfer may be comprised of several |
| 195 | smaller transfers made during the 2003-2004 fiscal year. |
| 196 | Notwithstanding ss. 206.46(3) and 206.606(2), the total amount |
| 197 | transferred shall be reduced from total state revenues deposited |
| 198 | into the State Transportation Trust Fund for the calculation |
| 199 | requirements of ss. 206.46(3) and 206.606(2). This subsection |
| 200 | expires July 1, 2004. |
| 201 | Section 4. Paragraph (a) of subsection (4) of section |
| 202 | 339.135, Florida Statutes, is amended to read: |
| 203 | 339.135 Work program; legislative budget request; |
| 204 | definitions; preparation, adoption, execution, and amendment.-- |
| 205 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- |
| 206 | (a)1. To assure that no district or county is penalized |
| 207 | for local efforts to improve the State Highway System, the |
| 208 | department shall, for the purpose of developing a tentative work |
| 209 | program, allocate funds for new construction to the districts, |
| 210 | except for the turnpike enterprise, based on equal parts of |
| 211 | population and motor fuel tax collections. Funds for |
| 212 | resurfacing, bridge repair and rehabilitation, bridge fender |
| 213 | system construction or repair, public transit projects except |
| 214 | public transit block grants as provided in s. 341.052, and other |
| 215 | programs with quantitative needs assessments shall be allocated |
| 216 | based on the results of these assessments. The department may |
| 217 | not transfer any funds allocated to a district under this |
| 218 | paragraph to any other district except as provided in subsection |
| 219 | (7). Funds for public transit block grants shall be allocated to |
| 220 | the districts pursuant to s. 341.052. Funds for the intercity |
| 221 | bus program provided for under s. 5311(f) of the federal |
| 222 | nonurbanized area formula program shall be administered and |
| 223 | allocated directly to eligible bus carriers as defined in s. |
| 224 | 341.031(12) at the state level rather than the district. In |
| 225 | order to provide state funding to support the intercity bus |
| 226 | program provided for under provisions of the federal 5311(f) |
| 227 | program, the department shall allocate an amount equal to the |
| 228 | federal share of the 5311(f) program from amounts calculated |
| 229 | pursuant to s. 206.46(3). |
| 230 | 2. Notwithstanding the provisions of subparagraph 1., the |
| 231 | department shall allocate at least 50 percent of any new |
| 232 | discretionary highway capacity funds to the Strategic Intermodal |
| 233 | System designated pursuant to s. 339.61 Florida Intrastate |
| 234 | Highway System established pursuant to s. 338.001. The |
| 235 | department shall allocate 25 percent of any new discretionary |
| 236 | highway capacity funds to the Regional Incentive Grant Program |
| 237 | pursuant to s. 339.2817. Any remaining new discretionary highway |
| 238 | capacity funds shall be allocated to the districts for new |
| 239 | construction as provided in subparagraph 1. For the purposes of |
| 240 | this subparagraph, the term "new discretionary highway capacity |
| 241 | funds" means any funds available to the department above the |
| 242 | prior year funding level for capacity improvements, which the |
| 243 | department has the discretion to allocate to highway projects. |
| 244 | Section 5. Section 339.137, Florida Statutes, is repealed. |
| 245 | Section 6. Section 339.1371, Florida Statutes, is amended |
| 246 | to read: |
| 247 | 339.1371 Mobility 2000; Transportation Outreach Program; |
| 248 | funding.-- |
| 249 | (1) Beginning in fiscal year 2000-2001 the Department of |
| 250 | Transportation shall allocate sufficient funds to implement the |
| 251 | Mobility 2000 (Building Roads for the 21st Century) initiative. |
| 252 | The department shall develop a plan to expend these revenues and |
| 253 | amend the current tentative work program for the time period |
| 254 | 2000-2001 through 2004-2005 prior to adoption to include |
| 255 | Mobility 2000 projects. In addition, prior to work program |
| 256 | adoption, the department shall submit a budget amendment |
| 257 | pursuant to s. 339.135(7), requesting budget authority needed to |
| 258 | implement the Mobility 2000 initiative. Funds will be used for |
| 259 | corridors that link Florida's economic regions to seaports, |
| 260 | international airports, and markets to provide connections |
| 261 | through major gateways, improved mobility in major urbanized |
| 262 | areas, and access routes for emergency evacuation to coastal |
| 263 | communities based on analysis of current and projected traffic |
| 264 | conditions. |
| 265 | (2) Notwithstanding any other provision of law, in fiscal |
| 266 | year 2001-2002 and each year thereafter, the increase in revenue |
| 267 | to the State Transportation Trust Fund derived from ss. 1, 2, 3, |
| 268 | 7, 9, and 10, ch. 2000-257, Laws of Florida, shall be first used |
| 269 | by the Department of Transportation to fund the Mobility 2000 |
| 270 | initiative and any remaining funds shall be used to fund the |
| 271 | Transportation Outreach Program created pursuant to s. 339.137. |
| 272 | Notwithstanding any other law to the contrary, the requirements |
| 273 | of ss. 206.46(3) and 206.606(2) shall not apply to the Mobility |
| 274 | 2000 initiative. |
| 275 | Section 7. Section 339.175, Florida Statutes, is amended |
| 276 | to read: |
| 277 | 339.175 Metropolitan planning organization.--It is the |
| 278 | intent of the Legislature to encourage and promote the safe and |
| 279 | efficient management, operation, and development of surface |
| 280 | transportation systems that will serve the mobility needs of |
| 281 | people and freight within and through urbanized areas of this |
| 282 | state while minimizing transportation-related fuel consumption |
| 283 | and air pollution. To accomplish these objectives, metropolitan |
| 284 | planning organizations, referred to in this section as M.P.O.'s, |
| 285 | shall develop, in cooperation with the state and public transit |
| 286 | operators, transportation plans and programs for metropolitan |
| 287 | areas. The plans and programs for each metropolitan area must |
| 288 | provide for the development and integrated management and |
| 289 | operation of transportation systems and facilities, including |
| 290 | pedestrian walkways and bicycle transportation facilities that |
| 291 | will function as an intermodal transportation system for the |
| 292 | metropolitan area, based upon the prevailing principles provided |
| 293 | in s. 334.046(1). The process for developing such plans and |
| 294 | programs shall provide for consideration of all modes of |
| 295 | transportation and shall be continuing, cooperative, and |
| 296 | comprehensive, to the degree appropriate, based on the |
| 297 | complexity of the transportation problems to be addressed. The |
| 298 | planning process in metropolitan areas shall be closely |
| 299 | coordinated with the statewide planning process so that |
| 300 | urbanized area priorities are consistent with those of national, |
| 301 | statewide, and regional significance. To ensure that the M.P.O. |
| 302 | process is integrated with the statewide planning process, |
| 303 | M.P.O.'s shall develop plans and programs that identify |
| 304 | transportation facilities that should function as an integrated |
| 305 | metropolitan transportation system, giving emphasis to |
| 306 | facilities that serve important national, state, and regional |
| 307 | transportation functions. For the purposes of this section, |
| 308 | those facilities shall include those on the Strategic Intermodal |
| 309 | System designated pursuant to s. 339.63 and facilities for which |
| 310 | projects have been identified in a regional transportation |
| 311 | improvement program pursuant to s. 339.2817(4). M.P.O.'s in |
| 312 | areas in which urbanized area boundaries extend into adjacent |
| 313 | metropolitan planning area boundaries shall prepare and adopt a |
| 314 | unified regional long-range transportation plan that shall serve |
| 315 | as the basis of the M.P.O.'s individual transportation |
| 316 | improvement programs and that identifies regional priorities |
| 317 | that have been coordinated with the development of regional |
| 318 | transportation improvement programs pursuant to s. 339.2817(4). |
| 319 | (1) DESIGNATION.-- |
| 320 | (a)1. An M.P.O. shall be designated for each urbanized |
| 321 | area of the state; however, this does not require that an |
| 322 | individual M.P.O. be designated for each such area. Such |
| 323 | designation shall be accomplished by agreement between the |
| 324 | Governor and units of general-purpose local government |
| 325 | representing at least 75 percent of the population of the |
| 326 | urbanized area; however, the unit of general-purpose local |
| 327 | government that represents the central city or cities within the |
| 328 | M.P.O. jurisdiction, as defined by the United States Bureau of |
| 329 | the Census, must be a party to such agreement. |
| 330 | 2. More than one M.P.O. may be designated within an |
| 331 | existing metropolitan planning area only if the Governor and the |
| 332 | existing M.P.O. determine that the size and complexity of the |
| 333 | existing metropolitan planning area makes the designation of |
| 334 | more than one M.P.O. for the area appropriate. |
| 335 | (b) Each M.P.O. shall be created and operated under the |
| 336 | provisions of this section pursuant to an interlocal agreement |
| 337 | entered into pursuant to s. 163.01. The signatories to the |
| 338 | interlocal agreement shall be the department and the |
| 339 | governmental entities designated by the Governor for membership |
| 340 | on the M.P.O. If there is a conflict between this section and s. |
| 341 | 163.01, this section prevails. |
| 342 | (c) The jurisdictional boundaries of an M.P.O. shall be |
| 343 | determined by agreement between the Governor and the applicable |
| 344 | M.P.O. The boundaries must include at least the metropolitan |
| 345 | planning area, which is the existing urbanized area and the |
| 346 | contiguous area expected to become urbanized within a 20-year |
| 347 | forecast period, and may encompass the entire metropolitan |
| 348 | statistical area or the consolidated metropolitan statistical |
| 349 | area. |
| 350 | (d) In the case of an urbanized area designated as a |
| 351 | nonattainment area for ozone or carbon monoxide under the Clean |
| 352 | Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the |
| 353 | metropolitan planning area in existence as of the date of |
| 354 | enactment of this paragraph shall be retained, except that the |
| 355 | boundaries may be adjusted by agreement of the Governor and |
| 356 | affected metropolitan planning organizations in the manner |
| 357 | described in this section. If more than one M.P.O. has authority |
| 358 | within a metropolitan area or an area that is designated as a |
| 359 | nonattainment area, each M.P.O. shall consult with other |
| 360 | M.P.O.'s designated for such area and with the state in the |
| 361 | coordination of plans and programs required by this section. |
| 362 |
|
| 363 | Each M.P.O. required under this section must be fully operative |
| 364 | no later than 6 months following its designation. |
| 365 | (2) VOTING MEMBERSHIP.-- |
| 366 | (a) The voting membership of an M.P.O. shall consist of |
| 367 | not fewer than 5 or more than 19 apportioned members, the exact |
| 368 | number to be determined on an equitable geographic-population |
| 369 | ratio basis by the Governor, based on an agreement among the |
| 370 | affected units of general-purpose local government as required |
| 371 | by federal rules and regulations. The Governor, in accordance |
| 372 | with 23 U.S.C. s. 134, may also provide for M.P.O. members who |
| 373 | represent municipalities to alternate with representatives from |
| 374 | other municipalities within the metropolitan planning area that |
| 375 | do not have members on the M.P.O. County commission members |
| 376 | shall compose not less than one-third of the M.P.O. membership, |
| 377 | except for an M.P.O. with more than 15 members located in a |
| 378 | county with a five-member county commission or an M.P.O. with 19 |
| 379 | members located in a county with no more than 6 county |
| 380 | commissioners, in which case county commission members may |
| 381 | compose less than one-third percent of the M.P.O. membership, |
| 382 | but all county commissioners must be members. All voting members |
| 383 | shall be elected officials of general-purpose governments, |
| 384 | except that an M.P.O. may include, as part of its apportioned |
| 385 | voting members, a member of a statutorily authorized planning |
| 386 | board, an official of an agency that operates or administers a |
| 387 | major mode of transportation, or an official of the Florida |
| 388 | Space Authority. The county commission shall compose not less |
| 389 | than 20 percent of the M.P.O. membership if an official of an |
| 390 | agency that operates or administers a major mode of |
| 391 | transportation has been appointed to an M.P.O. |
| 392 | (b) In metropolitan areas in which authorities or other |
| 393 | agencies have been or may be created by law to perform |
| 394 | transportation functions and are performing transportation |
| 395 | functions that are not under the jurisdiction of a general |
| 396 | purpose local government represented on the M.P.O., they shall |
| 397 | be provided voting membership on the M.P.O. In all other |
| 398 | M.P.O.'s where transportation authorities or agencies are to be |
| 399 | represented by elected officials from general purpose local |
| 400 | governments, the M.P.O. shall establish a process by which the |
| 401 | collective interests of such authorities or other agencies are |
| 402 | expressed and conveyed. |
| 403 | (c) Any other provision of this section to the contrary |
| 404 | notwithstanding, a chartered county with over 1 million |
| 405 | population may elect to reapportion the membership of an M.P.O. |
| 406 | whose jurisdiction is wholly within the county. The charter |
| 407 | county may exercise the provisions of this paragraph if: |
| 408 | 1. The M.P.O. approves the reapportionment plan by a |
| 409 | three-fourths vote of its membership; |
| 410 | 2. The M.P.O. and the charter county determine that the |
| 411 | reapportionment plan is needed to fulfill specific goals and |
| 412 | policies applicable to that metropolitan planning area; and |
| 413 | 3. The charter county determines the reapportionment plan |
| 414 | otherwise complies with all federal requirements pertaining to |
| 415 | M.P.O. membership. |
| 416 |
|
| 417 | Any charter county that elects to exercise the provisions of |
| 418 | this paragraph shall notify the Governor in writing. |
| 419 | (d) Any other provision of this section to the contrary |
| 420 | notwithstanding, any county chartered under s. 6(e), Art. VIII |
| 421 | of the State Constitution may elect to have its county |
| 422 | commission serve as the M.P.O., if the M.P.O. jurisdiction is |
| 423 | wholly contained within the county. Any charter county that |
| 424 | elects to exercise the provisions of this paragraph shall so |
| 425 | notify the Governor in writing. Upon receipt of such |
| 426 | notification, the Governor must designate the county commission |
| 427 | as the M.P.O. The Governor must appoint four additional voting |
| 428 | members to the M.P.O., one of whom must be an elected official |
| 429 | representing a municipality within the county, one of whom must |
| 430 | be an expressway authority member, one of whom must be a person |
| 431 | who does not hold elected public office and who resides in the |
| 432 | unincorporated portion of the county, and one of whom must be a |
| 433 | school board member. |
| 434 | (3) APPORTIONMENT.-- |
| 435 | (a) The Governor shall, with the agreement of the affected |
| 436 | units of general-purpose local government as required by federal |
| 437 | rules and regulations, apportion the membership on the |
| 438 | applicable M.P.O. among the various governmental entities within |
| 439 | the area and shall prescribe a method for appointing alternate |
| 440 | members who may vote at any M.P.O. meeting that an alternate |
| 441 | member attends in place of a regular member. An appointed |
| 442 | alternate member must be an elected official serving the same |
| 443 | governmental entity or a general-purpose local government with |
| 444 | jurisdiction within all or part of the area that the regular |
| 445 | member serves. The governmental entity so designated shall |
| 446 | appoint the appropriate number of members to the M.P.O. from |
| 447 | eligible officials. Representatives of the department shall |
| 448 | serve as nonvoting members of the M.P.O. Nonvoting advisers may |
| 449 | be appointed by the M.P.O. as deemed necessary. The Governor |
| 450 | shall review the composition of the M.P.O. membership in |
| 451 | conjunction with the decennial census as prepared by the United |
| 452 | States Department of Commerce, Bureau of the Census, and |
| 453 | reapportion it as necessary to comply with subsection (2). |
| 454 | (b) Except for members who represent municipalities on the |
| 455 | basis of alternating with representatives from other |
| 456 | municipalities that do not have members on the M.P.O. as |
| 457 | provided in paragraph (2)(a), the members of an M.P.O. shall |
| 458 | serve 4-year terms. Members who represent municipalities on the |
| 459 | basis of alternating with representatives from other |
| 460 | municipalities that do not have members on the M.P.O. as |
| 461 | provided in paragraph (2)(a) may serve terms of up to 4 years as |
| 462 | further provided in the interlocal agreement described in |
| 463 | paragraph (1)(b). The membership of a member who is a public |
| 464 | official automatically terminates upon the member's leaving his |
| 465 | or her elective or appointive office for any reason, or may be |
| 466 | terminated by a majority vote of the total membership of a |
| 467 | county or city governing entity represented by the member. A |
| 468 | vacancy shall be filled by the original appointing entity. A |
| 469 | member may be reappointed for one or more additional 4-year |
| 470 | terms. |
| 471 | (c) If a governmental entity fails to fill an assigned |
| 472 | appointment to an M.P.O. within 60 days after notification by |
| 473 | the Governor of its duty to appoint, that appointment shall be |
| 474 | made by the Governor from the eligible representatives of that |
| 475 | governmental entity. |
| 476 | (4) AUTHORITY AND RESPONSIBILITY.--The authority and |
| 477 | responsibility of an M.P.O. is to manage a continuing, |
| 478 | cooperative, and comprehensive transportation planning process |
| 479 | that, based upon the prevailing principles provided in s. |
| 480 | 334.046(1), results in the development of plans and programs |
| 481 | which are consistent, to the maximum extent feasible, with the |
| 482 | approved local government comprehensive plans of the units of |
| 483 | local government the boundaries of which are within the |
| 484 | metropolitan area of the M.P.O. An M.P.O. shall be the forum for |
| 485 | cooperative decisionmaking by officials of the affected |
| 486 | governmental entities in the development of the plans and |
| 487 | programs required by subsections (5), (6), (7), and (8). |
| 488 | (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers, |
| 489 | privileges, and authority of an M.P.O. are those specified in |
| 490 | this section or incorporated in an interlocal agreement |
| 491 | authorized under s. 163.01. Each M.P.O. shall perform all acts |
| 492 | required by federal or state laws or rules, now and subsequently |
| 493 | applicable, which are necessary to qualify for federal aid. It |
| 494 | is the intent of this section that each M.P.O. shall be involved |
| 495 | in the planning and programming of transportation facilities, |
| 496 | including, but not limited to, airports, intercity and high- |
| 497 | speed rail lines, seaports, and intermodal facilities, to the |
| 498 | extent permitted by state or federal law. |
| 499 | (a) Each M.P.O. shall, in cooperation with the department, |
| 500 | develop: |
| 501 | 1. A long-range transportation plan pursuant to the |
| 502 | requirements of subsection (6); |
| 503 | 2. An annually updated transportation improvement program |
| 504 | pursuant to the requirements of subsection (7); and |
| 505 | 3. An annual unified planning work program pursuant to the |
| 506 | requirements of subsection (8). |
| 507 | (b) In developing the long-range transportation plan and |
| 508 | the transportation improvement program required under paragraph |
| 509 | (a), each M.P.O. shall provide for consideration of projects and |
| 510 | strategies that will: |
| 511 | 1. Support the economic vitality of the metropolitan area, |
| 512 | especially by enabling global competitiveness, productivity, and |
| 513 | efficiency; |
| 514 | 2. Increase the safety and security of the transportation |
| 515 | system for motorized and nonmotorized users; |
| 516 | 3. Increase the accessibility and mobility options |
| 517 | available to people and for freight; |
| 518 | 4. Protect and enhance the environment, promote energy |
| 519 | conservation, and improve quality of life; |
| 520 | 5. Enhance the integration and connectivity of the |
| 521 | transportation system, across and between modes, for people and |
| 522 | freight; |
| 523 | 6. Promote efficient system management and operation; and |
| 524 | 7. Emphasize the preservation of the existing |
| 525 | transportation system. |
| 526 | (c) In order to provide recommendations to the department |
| 527 | and local governmental entities regarding transportation plans |
| 528 | and programs, each M.P.O. shall: |
| 529 | 1. Prepare a congestion management system for the |
| 530 | metropolitan area and cooperate with the department in the |
| 531 | development of all other transportation management systems |
| 532 | required by state or federal law; |
| 533 | 2. Assist the department in mapping transportation |
| 534 | planning boundaries required by state or federal law; |
| 535 | 3. Assist the department in performing its duties relating |
| 536 | to access management, functional classification of roads, and |
| 537 | data collection; |
| 538 | 4. Execute all agreements or certifications necessary to |
| 539 | comply with applicable state or federal law; |
| 540 | 5. Represent all the jurisdictional areas within the |
| 541 | metropolitan area in the formulation of transportation plans and |
| 542 | programs required by this section; and |
| 543 | 6. Perform all other duties required by state or federal |
| 544 | law. |
| 545 | (d) Each M.P.O. shall appoint a technical advisory |
| 546 | committee that includes planners; engineers; representatives of |
| 547 | local aviation authorities, port authorities, and public transit |
| 548 | authorities or representatives of aviation departments, seaport |
| 549 | departments, and public transit departments of municipal or |
| 550 | county governments, as applicable; the school superintendent of |
| 551 | each county within the jurisdiction of the M.P.O. or the |
| 552 | superintendent's designee; and other appropriate representatives |
| 553 | of affected local governments. In addition to any other duties |
| 554 | assigned to it by the M.P.O. or by state or federal law, the |
| 555 | technical advisory committee is responsible for considering safe |
| 556 | access to schools in its review of transportation project |
| 557 | priorities, long-range transportation plans, and transportation |
| 558 | improvement programs, and shall advise the M.P.O. on such |
| 559 | matters. In addition, the technical advisory committee shall |
| 560 | coordinate its actions with local school boards and other local |
| 561 | programs and organizations within the metropolitan area which |
| 562 | participate in school safety activities, such as locally |
| 563 | established community traffic safety teams. Local school boards |
| 564 | must provide the appropriate M.P.O. with information concerning |
| 565 | future school sites and in the coordination of transportation |
| 566 | service. |
| 567 | (e)1. Each M.P.O. shall appoint a citizens' advisory |
| 568 | committee, the members of which serve at the pleasure of the |
| 569 | M.P.O. The membership on the citizens' advisory committee must |
| 570 | reflect a broad cross section of local residents with an |
| 571 | interest in the development of an efficient, safe, and cost- |
| 572 | effective transportation system. Minorities, the elderly, and |
| 573 | the handicapped must be adequately represented. |
| 574 | 2. Notwithstanding the provisions of subparagraph 1., an |
| 575 | M.P.O. may, with the approval of the department and the |
| 576 | applicable federal governmental agency, adopt an alternative |
| 577 | program or mechanism to ensure citizen involvement in the |
| 578 | transportation planning process. |
| 579 | (f) The department shall allocate to each M.P.O., for the |
| 580 | purpose of accomplishing its transportation planning and |
| 581 | programming duties, an appropriate amount of federal |
| 582 | transportation planning funds. |
| 583 | (g) Each M.P.O. may employ personnel or may enter into |
| 584 | contracts with local or state agencies, private planning firms, |
| 585 | or private engineering firms to accomplish its transportation |
| 586 | planning and programming duties required by state or federal |
| 587 | law. |
| 588 | (h) A chair's coordinating committee is created, composed |
| 589 | of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco, |
| 590 | Pinellas, Polk, and Sarasota Counties. The committee must, at a |
| 591 | minimum: |
| 592 | 1. Coordinate transportation projects deemed to be |
| 593 | regionally significant by the committee. |
| 594 | 2. Review the impact of regionally significant land use |
| 595 | decisions on the region. |
| 596 | 3. Review all proposed regionally significant |
| 597 | transportation projects in the respective transportation |
| 598 | improvement programs which affect more than one of the M.P.O.'s |
| 599 | represented on the committee. |
| 600 | 4. Institute a conflict resolution process to address any |
| 601 | conflict that may arise in the planning and programming of such |
| 602 | regionally significant projects. |
| 603 | (i)1. The Legislature finds that the state's rapid growth |
| 604 | in recent decades has caused many urbanized areas subject to |
| 605 | M.P.O. jurisdiction to become contiguous to each other. As a |
| 606 | result, various transportation projects may cross from the |
| 607 | jurisdiction of one M.P.O. into the jurisdiction of another |
| 608 | M.P.O. To more fully accomplish the purposes for which M.P.O.'s |
| 609 | have been mandated, M.P.O.'s shall develop coordination |
| 610 | mechanisms with one another to expand and improve transportation |
| 611 | within the state. The appropriate method of coordination between |
| 612 | M.P.O.'s shall vary depending upon the project involved and |
| 613 | given local and regional needs. Consequently, it is appropriate |
| 614 | to set forth a flexible methodology that can be used by M.P.O.'s |
| 615 | to coordinate with other M.P.O.'s and appropriate political |
| 616 | subdivisions as circumstances demand. |
| 617 | 2. Any M.P.O. may join with any other M.P.O. or any |
| 618 | individual political subdivision to coordinate activities or to |
| 619 | achieve any federal or state transportation planning or |
| 620 | development goals or purposes consistent with federal or state |
| 621 | law. When an M.P.O. determines that it is appropriate to join |
| 622 | with another M.P.O. or any political subdivision to coordinate |
| 623 | activities, the M.P.O. or political subdivision shall enter into |
| 624 | an interlocal agreement pursuant to s. 163.01, which, at a |
| 625 | minimum, creates a separate legal or administrative entity to |
| 626 | coordinate the transportation planning or development activities |
| 627 | required to achieve the goal or purpose; provide the purpose for |
| 628 | which the entity is created; provide the duration of the |
| 629 | agreement and the entity, and specify how the agreement may be |
| 630 | terminated, modified, or rescinded; describe the precise |
| 631 | organization of the entity, including who has voting rights on |
| 632 | the governing board, whether alternative voting members are |
| 633 | provided for, how voting members are appointed, and what the |
| 634 | relative voting strength is for each constituent M.P.O. or |
| 635 | political subdivision; provide the manner in which the parties |
| 636 | to the agreement will provide for the financial support of the |
| 637 | entity and payment of costs and expenses of the entity; provide |
| 638 | the manner in which funds may be paid to and disbursed from the |
| 639 | entity; and provide how members of the entity will resolve |
| 640 | disagreements regarding interpretation of the interlocal |
| 641 | agreement or disputes relating to the operation of the entity. |
| 642 | Such interlocal agreement shall become effective upon its |
| 643 | recordation in the official public records of each county in |
| 644 | which a member of the entity created by the interlocal agreement |
| 645 | has a voting member. This paragraph does not require any |
| 646 | M.P.O.'s to merge, combine, or otherwise join together as a |
| 647 | single M.P.O. |
| 648 | (6) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must |
| 649 | develop a long-range transportation plan that addresses at least |
| 650 | a 20-year planning horizon. The plan must include both long- |
| 651 | range and short-range strategies and must comply with all other |
| 652 | state and federal requirements. The prevailing principles to be |
| 653 | considered in the long-range transportation plan are: preserving |
| 654 | the existing transportation infrastructure; enhancing Florida's |
| 655 | economic competitiveness; and improving travel choices to ensure |
| 656 | mobility. The long-range transportation plan must be consistent, |
| 657 | to the maximum extent feasible, with future land use elements |
| 658 | and the goals, objectives, and policies of the approved local |
| 659 | government comprehensive plans of the units of local government |
| 660 | located within the jurisdiction of the M.P.O. The approved long- |
| 661 | range transportation plan must be considered by local |
| 662 | governments in the development of the transportation elements in |
| 663 | local government comprehensive plans and any amendments thereto. |
| 664 | The long-range transportation plan must, at a minimum: |
| 665 | (a) Identify transportation facilities, including, but not |
| 666 | limited to, major roadways, airports, seaports, spaceports, |
| 667 | commuter rail systems, transit systems, and intermodal or |
| 668 | multimodal terminals that will function as an integrated |
| 669 | metropolitan transportation system. The long-range |
| 670 | transportation plan must give emphasis to those transportation |
| 671 | facilities that serve national, statewide, or regional |
| 672 | functions, and must consider the goals and objectives identified |
| 673 | in the Florida Transportation Plan as provided in s. 339.155. If |
| 674 | a project is located within the boundaries of more than one |
| 675 | M.P.O., the M.P.O.'s must coordinate plans regarding the project |
| 676 | in the long-range transportation plan. |
| 677 | (b) Include a financial plan that demonstrates how the |
| 678 | plan can be implemented, indicating resources from public and |
| 679 | private sources which are reasonably expected to be available to |
| 680 | carry out the plan, and recommends any additional financing |
| 681 | strategies for needed projects and programs. The financial plan |
| 682 | may include, for illustrative purposes, additional projects that |
| 683 | would be included in the adopted long-range transportation plan |
| 684 | if reasonable additional resources beyond those identified in |
| 685 | the financial plan were available. For the purpose of developing |
| 686 | the long-range transportation plan, the M.P.O. and the |
| 687 | department shall cooperatively develop estimates of funds that |
| 688 | will be available to support the plan implementation. Innovative |
| 689 | financing techniques may be used to fund needed projects and |
| 690 | programs. Such techniques may include the assessment of tolls, |
| 691 | the use of value capture financing, or the use of value pricing. |
| 692 | (c) Assess capital investment and other measures necessary |
| 693 | to: |
| 694 | 1. Ensure the preservation of the existing metropolitan |
| 695 | transportation system including requirements for the operation, |
| 696 | resurfacing, restoration, and rehabilitation of major roadways |
| 697 | and requirements for the operation, maintenance, modernization, |
| 698 | and rehabilitation of public transportation facilities; and |
| 699 | 2. Make the most efficient use of existing transportation |
| 700 | facilities to relieve vehicular congestion and maximize the |
| 701 | mobility of people and goods. |
| 702 | (d) Indicate, as appropriate, proposed transportation |
| 703 | enhancement activities, including, but not limited to, |
| 704 | pedestrian and bicycle facilities, scenic easements, |
| 705 | landscaping, historic preservation, mitigation of water |
| 706 | pollution due to highway runoff, and control of outdoor |
| 707 | advertising. |
| 708 | (e) In addition to the requirements of paragraphs (a)-(d), |
| 709 | in metropolitan areas that are classified as nonattainment areas |
| 710 | for ozone or carbon monoxide, the M.P.O. must coordinate the |
| 711 | development of the long-range transportation plan with the State |
| 712 | Implementation Plan developed pursuant to the requirements of |
| 713 | the federal Clean Air Act. |
| 714 |
|
| 715 | In the development of its long-range transportation plan, each |
| 716 | M.P.O. must provide the public, affected public agencies, |
| 717 | representatives of transportation agency employees, freight |
| 718 | shippers, providers of freight transportation services, private |
| 719 | providers of transportation, representatives of users of public |
| 720 | transit, and other interested parties with a reasonable |
| 721 | opportunity to comment on the long-range transportation plan. |
| 722 | The long-range transportation plan must be approved by the |
| 723 | M.P.O. |
| 724 | (7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O. |
| 725 | shall, in cooperation with the state and affected public |
| 726 | transportation operators, develop a transportation improvement |
| 727 | program for the area within the jurisdiction of the M.P.O. In |
| 728 | the development of the transportation improvement program, each |
| 729 | M.P.O. must provide the public, affected public agencies, |
| 730 | representatives of transportation agency employees, freight |
| 731 | shippers, providers of freight transportation services, private |
| 732 | providers of transportation, representatives of users of public |
| 733 | transit, and other interested parties with a reasonable |
| 734 | opportunity to comment on the proposed transportation |
| 735 | improvement program. |
| 736 | (a) Each M.P.O. is responsible for developing, annually, a |
| 737 | list of project priorities and a transportation improvement |
| 738 | program. The prevailing principles to be considered by each |
| 739 | M.P.O. when developing a list of project priorities and a |
| 740 | transportation improvement program are: preserving the existing |
| 741 | transportation infrastructure; enhancing Florida's economic |
| 742 | competitiveness; and improving travel choices to ensure |
| 743 | mobility. The transportation improvement program will be used to |
| 744 | initiate federally aided transportation facilities and |
| 745 | improvements as well as other transportation facilities and |
| 746 | improvements including transit, rail, aviation, spaceport, and |
| 747 | port facilities to be funded from the State Transportation Trust |
| 748 | Fund within its metropolitan area in accordance with existing |
| 749 | and subsequent federal and state laws and rules and regulations |
| 750 | related thereto. The transportation improvement program shall be |
| 751 | consistent, to the maximum extent feasible, with the approved |
| 752 | local government comprehensive plans of the units of local |
| 753 | government whose boundaries are within the metropolitan area of |
| 754 | the M.P.O. and regional transportation improvement programs |
| 755 | developed pursuant to s. 339.2817(4). |
| 756 | (b) Each M.P.O. annually shall prepare a list of project |
| 757 | priorities and shall submit the list to the appropriate district |
| 758 | of the department by October 1 of each year; however, the |
| 759 | department and a metropolitan planning organization may, in |
| 760 | writing, agree to vary this submittal date. The list of project |
| 761 | priorities must be formally reviewed by the technical and |
| 762 | citizens' advisory committees, and approved by the M.P.O., |
| 763 | before it is transmitted to the district. The approved list of |
| 764 | project priorities must be used by the district in developing |
| 765 | the district work program, must include projects on the |
| 766 | Strategic Intermodal System designated pursuant to s. 339.63, |
| 767 | must be coordinated with the development of regional |
| 768 | transportation improvement programs developed pursuant to s. |
| 769 | 339.2817(4), and must be used by the M.P.O. in developing its |
| 770 | transportation improvement program. The annual list of project |
| 771 | priorities must be based upon project selection criteria that, |
| 772 | at a minimum, consider the following: |
| 773 | 1. The approved M.P.O. long-range transportation plan.; |
| 774 | 2. The Strategic Intermodal System Plan developed pursuant |
| 775 | to s. 339.64. |
| 776 | 3. The regional transportation improvement programs |
| 777 | developed pursuant to s. 339.2817(4). |
| 778 | 4.2. The results of the transportation management |
| 779 | systems.; and |
| 780 | 5.3. The M.P.O.'s public-involvement procedures. |
| 781 | (c) The transportation improvement program must, at a |
| 782 | minimum: |
| 783 | 1. Include projects and project phases to be funded with |
| 784 | state or federal funds within the time period of the |
| 785 | transportation improvement program and which are recommended for |
| 786 | advancement during the next fiscal year and 4 subsequent fiscal |
| 787 | years. Such projects and project phases must be consistent, to |
| 788 | the maximum extent feasible, with the approved local government |
| 789 | comprehensive plans of the units of local government located |
| 790 | within the jurisdiction of the M.P.O. For informational |
| 791 | purposes, the transportation improvement program shall also |
| 792 | include a list of projects to be funded from local or private |
| 793 | revenues. |
| 794 | 2. Include projects within the metropolitan area which are |
| 795 | proposed for funding under 23 U.S.C. s. 134 of the Federal |
| 796 | Transit Act and which are consistent with the long-range |
| 797 | transportation plan developed under subsection (6). |
| 798 | 3. Provide a financial plan that demonstrates how the |
| 799 | transportation improvement program can be implemented; indicates |
| 800 | the resources, both public and private, that are reasonably |
| 801 | expected to be available to accomplish the program; identifies |
| 802 | any innovative financing techniques that may be used to fund |
| 803 | needed projects and programs; and may include, for illustrative |
| 804 | purposes, additional projects that would be included in the |
| 805 | approved transportation improvement program if reasonable |
| 806 | additional resources beyond those identified in the financial |
| 807 | plan were available. Innovative financing techniques may include |
| 808 | the assessment of tolls, the use of value capture financing, or |
| 809 | the use of value pricing. The transportation improvement program |
| 810 | may include a project or project phase only if full funding can |
| 811 | reasonably be anticipated to be available for the project or |
| 812 | project phase within the time period contemplated for completion |
| 813 | of the project or project phase. |
| 814 | 4. Group projects and project phases of similar urgency |
| 815 | and anticipated staging into appropriate staging periods. |
| 816 | 5. Indicate how the transportation improvement program |
| 817 | relates to the long-range transportation plan developed under |
| 818 | subsection (6), including providing examples of specific |
| 819 | projects or project phases that further the goals and policies |
| 820 | of the long-range transportation plan. |
| 821 | 6. Indicate whether any project or project phase is |
| 822 | inconsistent with an approved comprehensive plan of a unit of |
| 823 | local government located within the jurisdiction of the M.P.O. |
| 824 | If a project is inconsistent with an affected comprehensive |
| 825 | plan, the M.P.O. must provide justification for including the |
| 826 | project in the transportation improvement program. |
| 827 | 7. Indicate how the improvements are consistent, to the |
| 828 | maximum extent feasible, with affected seaport, airport, and |
| 829 | spaceport master plans and with public transit development plans |
| 830 | of the units of local government located within the jurisdiction |
| 831 | of the M.P.O. If a project is located within the boundaries of |
| 832 | more than one M.P.O., the M.P.O.'s must coordinate plans |
| 833 | regarding the project in the transportation improvement program. |
| 834 | (d) Projects included in the transportation improvement |
| 835 | program and that have advanced to the design stage of |
| 836 | preliminary engineering may be removed from or rescheduled in a |
| 837 | subsequent transportation improvement program only by the joint |
| 838 | action of the M.P.O. and the department. Except when recommended |
| 839 | in writing by the district secretary for good cause, any project |
| 840 | removed from or rescheduled in a subsequent transportation |
| 841 | improvement program shall not be rescheduled by the M.P.O. in |
| 842 | that subsequent program earlier than the 5th year of such |
| 843 | program. |
| 844 | (e) During the development of the transportation |
| 845 | improvement program, the M.P.O. shall, in cooperation with the |
| 846 | department and any affected public transit operation, provide |
| 847 | citizens, affected public agencies, representatives of |
| 848 | transportation agency employees, freight shippers, providers of |
| 849 | freight transportation services, private providers of |
| 850 | transportation, representatives of users of public transit, and |
| 851 | other interested parties with reasonable notice of and an |
| 852 | opportunity to comment on the proposed program. |
| 853 | (f) The adopted annual transportation improvement program |
| 854 | for M.P.O.'s in nonattainment or maintenance areas must be |
| 855 | submitted to the district secretary and the Department of |
| 856 | Community Affairs at least 90 days before the submission of the |
| 857 | state transportation improvement program by the department to |
| 858 | the appropriate federal agencies. The annual transportation |
| 859 | improvement program for M.P.O.'s in attainment areas must be |
| 860 | submitted to the district secretary and the Department of |
| 861 | Community Affairs at least 45 days before the department submits |
| 862 | the state transportation improvement program to the appropriate |
| 863 | federal agencies; however, the department, the Department of |
| 864 | Community Affairs, and a metropolitan planning organization may, |
| 865 | in writing, agree to vary this submittal date. The Governor or |
| 866 | the Governor's designee shall review and approve each |
| 867 | transportation improvement program and any amendments thereto. |
| 868 | (g) The Department of Community Affairs shall review the |
| 869 | annual transportation improvement program of each M.P.O. for |
| 870 | consistency with the approved local government comprehensive |
| 871 | plans of the units of local government whose boundaries are |
| 872 | within the metropolitan area of each M.P.O. and shall identify |
| 873 | those projects that are inconsistent with such comprehensive |
| 874 | plans. The Department of Community Affairs shall notify an |
| 875 | M.P.O. of any transportation projects contained in its |
| 876 | transportation improvement program which are inconsistent with |
| 877 | the approved local government comprehensive plans of the units |
| 878 | of local government whose boundaries are within the metropolitan |
| 879 | area of the M.P.O. |
| 880 | (h) The M.P.O. shall annually publish or otherwise make |
| 881 | available for public review the annual listing of projects for |
| 882 | which federal funds have been obligated in the preceding year. |
| 883 | Project monitoring systems must be maintained by those agencies |
| 884 | responsible for obligating federal funds and made accessible to |
| 885 | the M.P.O.'s. |
| 886 | (8) UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall |
| 887 | develop, in cooperation with the department and public |
| 888 | transportation providers, a unified planning work program that |
| 889 | lists all planning tasks to be undertaken during the program |
| 890 | year. The unified planning work program must provide a complete |
| 891 | description of each planning task and an estimated budget |
| 892 | therefor and must comply with applicable state and federal law. |
| 893 | (9) AGREEMENTS.-- |
| 894 | (a) Each M.P.O. shall execute the following written |
| 895 | agreements, which shall be reviewed, and updated as necessary, |
| 896 | every 5 years: |
| 897 | 1. An agreement with the department clearly establishing |
| 898 | the cooperative relationship essential to accomplish the |
| 899 | transportation planning requirements of state and federal law. |
| 900 | 2. An agreement with the metropolitan and regional |
| 901 | intergovernmental coordination and review agencies serving the |
| 902 | metropolitan areas, specifying the means by which activities |
| 903 | will be coordinated and how transportation planning and |
| 904 | programming will be part of the comprehensive planned |
| 905 | development of the area. |
| 906 | 3. An agreement with operators of public transportation |
| 907 | systems, including transit systems, commuter rail systems, |
| 908 | airports, seaports, and spaceports, describing the means by |
| 909 | which activities will be coordinated and specifying how public |
| 910 | transit, commuter rail, aviation, seaport, and aerospace |
| 911 | planning and programming will be part of the comprehensive |
| 912 | planned development of the metropolitan area. |
| 913 | (b) An M.P.O. may execute other agreements required by |
| 914 | state or federal law or as necessary to properly accomplish its |
| 915 | functions. |
| 916 | (10) METROPOLITAN PLANNING ORGANIZATION ADVISORY |
| 917 | COUNCIL.-- |
| 918 | (a) A Metropolitan Planning Organization Advisory Council |
| 919 | is created to augment, and not supplant, the role of the |
| 920 | individual M.P.O.'s in the cooperative transportation planning |
| 921 | process described in this section. |
| 922 | (b) The council shall consist of one representative from |
| 923 | each M.P.O. and shall elect a chairperson annually from its |
| 924 | number. Each M.P.O. shall also elect an alternate representative |
| 925 | from each M.P.O. to vote in the absence of the representative. |
| 926 | Members of the council do not receive any compensation for their |
| 927 | services, but may be reimbursed from funds made available to |
| 928 | council members for travel and per diem expenses incurred in the |
| 929 | performance of their council duties as provided in s. 112.061. |
| 930 | (c) The powers and duties of the Metropolitan Planning |
| 931 | Organization Advisory Council are to: |
| 932 | 1. Enter into contracts with individuals, private |
| 933 | corporations, and public agencies. |
| 934 | 2. Acquire, own, operate, maintain, sell, or lease |
| 935 | personal property essential for the conduct of business. |
| 936 | 3. Accept funds, grants, assistance, gifts, or bequests |
| 937 | from private, local, state, or federal sources. |
| 938 | 4. Establish bylaws and adopt rules pursuant to ss. |
| 939 | 120.536(1) and 120.54 to implement provisions of law conferring |
| 940 | powers or duties upon it. |
| 941 | 5. Assist M.P.O.'s in carrying out the urbanized area |
| 942 | transportation planning process by serving as the principal |
| 943 | forum for collective policy discussion pursuant to law. |
| 944 | 6. Serve as a clearinghouse for review and comment by |
| 945 | M.P.O.'s on the Florida Transportation Plan and on other issues |
| 946 | required to comply with federal or state law in carrying out the |
| 947 | urbanized area transportation and systematic planning processes |
| 948 | instituted pursuant to s. 339.155. |
| 949 | 7. Employ an executive director and such other staff as |
| 950 | necessary to perform adequately the functions of the council, |
| 951 | within budgetary limitations. The executive director and staff |
| 952 | are exempt from part II of chapter 110 and serve at the |
| 953 | direction and control of the council. The council is assigned to |
| 954 | the Office of the Secretary of the Department of Transportation |
| 955 | for fiscal and accountability purposes, but it shall otherwise |
| 956 | function independently of the control and direction of the |
| 957 | department. |
| 958 | 8. Adopt an agency strategic plan that provides the |
| 959 | priority directions the agency will take to carry out its |
| 960 | mission within the context of the state comprehensive plan and |
| 961 | any other statutory mandates and directions given to the agency. |
| 962 | (11) APPLICATION OF FEDERAL LAW.--Upon notification by an |
| 963 | agency of the Federal Government that any provision of this |
| 964 | section conflicts with federal laws or regulations, such federal |
| 965 | laws or regulations will take precedence to the extent of the |
| 966 | conflict until such conflict is resolved. The department or an |
| 967 | M.P.O. may take any necessary action to comply with such federal |
| 968 | laws and regulations or to continue to remain eligible to |
| 969 | receive federal funds. |
| 970 | Section 8. Section 339.2816, Florida Statutes, is |
| 971 | repealed. |
| 972 | Section 9. Section 339.2817, Florida Statutes, is amended |
| 973 | to read: |
| 974 | 339.2817 Regional County Incentive Grant Program.-- |
| 975 | (1) There is created within the Department of |
| 976 | Transportation a Regional County Incentive Grant Program for the |
| 977 | purpose of providing grants to counties, to improve a regionally |
| 978 | significant transportation facility which is located on the |
| 979 | State Highway System or which relieves traffic congestion on the |
| 980 | State Highway System. |
| 981 | (2) To be eligible for consideration, projects must be |
| 982 | consistent, to the maximum extent feasible, with local |
| 983 | metropolitan planning organization plans and local government |
| 984 | comprehensive plans. |
| 985 | (3) The department must consider, but is not limited to, |
| 986 | the following criteria for evaluation of projects for County |
| 987 | Incentive Grant Program assistance: |
| 988 | (a) The extent to which the project will encourage, |
| 989 | enhance, or create economic benefits; |
| 990 | (b) The likelihood that assistance would enable the |
| 991 | project to proceed at an earlier date than the project could |
| 992 | otherwise proceed; |
| 993 | (c) The extent to which assistance would foster innovative |
| 994 | public-private partnerships and attract private debt or equity |
| 995 | investment; |
| 996 | (d) The extent to which the project uses new technologies, |
| 997 | including intelligent transportation systems, which enhance the |
| 998 | efficiency of the project; |
| 999 | (e) The extent to which the project helps to maintain or |
| 1000 | protect the environment; and |
| 1001 | (f) The extent to which the project includes |
| 1002 | transportation benefits for improving intermodalism and safety. |
| 1003 | (2)(4) The percentage of matching funds provided from the |
| 1004 | Regional County Incentive Grant Program shall to the eligible |
| 1005 | county will be based on the following: |
| 1006 | (a) For projects on the Florida Intrastate Highway System |
| 1007 | the department shall provide 60 percent of project costs. |
| 1008 | (a)(b) For projects on the State Highway System, the |
| 1009 | department shall provide 75 50 percent of project costs. |
| 1010 | (b)(c) For regionally significant local projects |
| 1011 | identified in a regional transportation improvement program |
| 1012 | which are not demonstrated to relieve traffic congestion on the |
| 1013 | State Highway System, the department shall provide 40 35 percent |
| 1014 | of project costs. |
| 1015 | (3) The department shall allocate funding available for |
| 1016 | the Regional Incentive Grant Program to each eligible regional |
| 1017 | transportation area based on a factor derived from equal parts |
| 1018 | of population and motor fuel collections. |
| 1019 | (4)(a) Projects to be funded with Regional Incentive Grant |
| 1020 | Program funds shall be selected from a regional transportation |
| 1021 | improvement program developed in accordance with paragraph (e) |
| 1022 | which shall: |
| 1023 | 1. Identify regionally significant transportation |
| 1024 | facilities located within a regional transportation area. |
| 1025 | 2. Contain a prioritized list of regionally significant |
| 1026 | projects. |
| 1027 | (b) For purposes of the Regional Incentive Grant Program, |
| 1028 | the boundaries of the regional transportation area shall be |
| 1029 | determined by the department by rule using criteria based upon |
| 1030 | factors such as commuting, goods movement, and land development |
| 1031 | patterns. |
| 1032 | (c) The initial regional transportation improvement |
| 1033 | program shall be submitted to the appropriate department |
| 1034 | district beginning October 1, 2004. To enable the phased |
| 1035 | implementation of the Regional Incentive Grant Program, the |
| 1036 | department may extend the timeframe for the development and |
| 1037 | submittal of the initial regional transportation improvement |
| 1038 | program. Beginning in the year 2005, and annually thereafter, |
| 1039 | the regional transportation improvement program shall be |
| 1040 | submitted by September 1. The program shall be used to assist in |
| 1041 | developing the district work program and include projects |
| 1042 | acceptable to the department that shall, at a minimum, meet the |
| 1043 | following criteria: |
| 1044 | 1. Enhance the state's economic competitiveness and |
| 1045 | improve travel choices to ensure mobility within the region. |
| 1046 | 2. Support those transportation facilities that serve |
| 1047 | national, statewide, or regional functions and function as an |
| 1048 | integrated regional transportation system. |
| 1049 | 3. Be consistent with the goals and objectives identified |
| 1050 | in the Florida Transportation Plan developed pursuant to s. |
| 1051 | 339.155. |
| 1052 | 4. Be consistent with the Strategic Plan for Economic |
| 1053 | Development developed pursuant to s. 288.905. |
| 1054 | 5. Be consistent with the plans and programs of the |
| 1055 | metropolitan planning organizations in the regional |
| 1056 | transportation area. |
| 1057 | 6. Be consistent with the approved local government |
| 1058 | comprehensive plans of the units of local government located |
| 1059 | within the regional transportation area. Further, the project |
| 1060 | shall be in compliance with local government comprehensive plan |
| 1061 | policies relative to corridor management. |
| 1062 | 7. Be consistent with strategic regional policy plans |
| 1063 | developed pursuant to s. 186.507. |
| 1064 | 8. Provide for intraregional mobility. |
| 1065 | 9. Be consistent with the Strategic Intermodal System Plan |
| 1066 | developed pursuant to s. 339.64. |
| 1067 | 10. Be financially feasible and able to be made |
| 1068 | production-ready within a reasonable timeframe. |
| 1069 | 11. Have a commitment for local or regional financial |
| 1070 | matching funds as a percentage of the overall project cost. |
| 1071 | (d) In developing the regional transportation program, |
| 1072 | priority shall be given to projects that: |
| 1073 | 1. Provide connectivity to the Strategic Intermodal System |
| 1074 | designated pursuant to s. 339.64. |
| 1075 | 2. Support economic development and the movement of goods |
| 1076 | in areas of critical economic concern designated pursuant to s. |
| 1077 | 288.0656(7). |
| 1078 | 3. Are subject to an ordinance that establishes corridor |
| 1079 | management techniques, including access management strategies, |
| 1080 | right-of-way acquisition and protection measures, appropriate |
| 1081 | land use strategies, zoning, and setback requirements for |
| 1082 | adjacent land uses. |
| 1083 | (e) In developing the regional transportation improvement |
| 1084 | program, metropolitan planning organizations in regional |
| 1085 | transportation areas comprised in whole or in part by M.P.O.'s, |
| 1086 | or counties in regional transportation areas that are not |
| 1087 | represented by an M.P.O., shall enter into an interlocal |
| 1088 | agreement pursuant to s. 163.01. The agreement shall, at a |
| 1089 | minimum, identify the entity that will coordinate the |
| 1090 | development of the regional transportation improvement program, |
| 1091 | provide the duration of the agreement, and specify how the |
| 1092 | agreement may be terminated, modified, or rescinded; describe |
| 1093 | the process by which the regional transportation improvement |
| 1094 | program will be developed; and provide how members of the entity |
| 1095 | will resolve disagreements regarding interpretation of the |
| 1096 | interlocal agreement or disputes relating to the development or |
| 1097 | content of the regional transportation improvement program. Such |
| 1098 | interlocal agreement shall become effective upon its recordation |
| 1099 | in the official public records of each county in the regional |
| 1100 | transportation area. |
| 1101 | (5) Beginning in fiscal year 2004-2005, the department |
| 1102 | shall allocate 25 percent of any new discretionary highway |
| 1103 | capacity funds as defined by s. 339.135(4)(a)2. to the Regional |
| 1104 | Incentive Grant Program. Additionally, for fiscal year 2005-2006 |
| 1105 | and each year thereafter, $20 million from the State |
| 1106 | Transportation Trust Fund shall be used for the purposes of |
| 1107 | funding the Regional Incentive Grant Program as described in |
| 1108 | this section. |
| 1109 | (5) The department is authorized to adopt rules to |
| 1110 | administer the County Incentive Grant Program. |
| 1111 | (6) A municipality may apply to the county in which the |
| 1112 | municipality is located for consideration by the county for |
| 1113 | funding under this section of any project or project phase of a |
| 1114 | transportation facility which is located on the State Highway |
| 1115 | System or which is demonstrated to relieve congestion on the |
| 1116 | State Highway System. The county must evaluate all municipal |
| 1117 | applications as provided in subsection (3). If a municipality's |
| 1118 | proposed project is rejected by the county for funding under |
| 1119 | this section, or if the county's proposed project adversely |
| 1120 | affects a municipality within the county, the municipality may |
| 1121 | request mediation to resolve any concerns of the municipality |
| 1122 | and the county. |
| 1123 | Section 10. Section 339.2818, Florida Statutes, is amended |
| 1124 | to read: |
| 1125 | 339.2818 Transportation Rural Initiative Small County |
| 1126 | Outreach Program.-- |
| 1127 | (1) There is created within the Department of |
| 1128 | Transportation the Transportation Rural Initiative Small County |
| 1129 | Outreach Program. The purpose of this program is to assist |
| 1130 | economically distressed rural small county governments in |
| 1131 | resurfacing or reconstructing county roads or in constructing |
| 1132 | capacity or safety improvements to county roads. |
| 1133 | (2) For the purposes of this section, the term |
| 1134 | "economically distressed rural small county" means any county |
| 1135 | that is within a designated rural area of critical economic |
| 1136 | concern pursuant to s. 288.0656(7) has a population of 150,000 |
| 1137 | or less as determined by the most recent official estimate |
| 1138 | pursuant to s. 186.901. |
| 1139 | (3) For fiscal year 2004-2005, $25 million from the State |
| 1140 | Transportation Trust Fund shall be used for the purposes of |
| 1141 | funding the Transportation Rural Initiative Program as described |
| 1142 | in this section. For fiscal year 2005-2006 and each year |
| 1143 | thereafter, $35 million from the State Transportation Trust Fund |
| 1144 | shall be used for the purposes of funding the Transportation |
| 1145 | Rural Initiative Program as described in this section. Funds |
| 1146 | allocated under this program, pursuant to s. 4, ch. 2000-257, |
| 1147 | Laws of Florida, are in addition to any funds provided pursuant |
| 1148 | to s. 339.2816, for the Small County Road Assistance Program. |
| 1149 | (4)(a) Economically distressed rural Small counties shall |
| 1150 | be eligible to compete for funds that have been designated for |
| 1151 | the Transportation Rural Initiative Small County Outreach |
| 1152 | Program for projects on county roads. The department shall fund |
| 1153 | 75 percent of the cost of projects on county roads funded under |
| 1154 | the program. |
| 1155 | (b) In determining a county's eligibility for assistance |
| 1156 | under this program, the department may consider whether the |
| 1157 | county has attempted to keep county roads in satisfactory |
| 1158 | condition. |
| 1159 | (c) The following criteria shall be used to prioritize |
| 1160 | road projects for funding under the program: |
| 1161 | 1. The primary criterion is the physical condition of the |
| 1162 | road as measured by the department. |
| 1163 | 2. As secondary criteria the department may consider: |
| 1164 | a. Whether a road is used as an evacuation route. |
| 1165 | b. Whether a road has high levels of agricultural travel. |
| 1166 | c. Whether a road is considered a major arterial route. |
| 1167 | d. Whether a road is considered a feeder road. |
| 1168 | e. Other criteria related to the impact of a project on |
| 1169 | the public road system or on the state or local economy as |
| 1170 | determined by the department. |
| 1171 | (d) The percentage of matching funds required for projects |
| 1172 | funded through the Transportation Rural Initiative Program shall |
| 1173 | be based upon revenue-generating capability of the county such |
| 1174 | as ad valorem property valuation. |
| 1175 | (e) To ensure that all projects proposed for funding under |
| 1176 | this section are coordinated with state, regional, and local |
| 1177 | plans within areas of critical economic concern designated |
| 1178 | pursuant to s. 288.0656(7), the member agencies and |
| 1179 | organizations of the Rural Economic Development Initiative as |
| 1180 | defined in s. 288.0656(6)(a) shall review all projects proposed |
| 1181 | for funding under this section in each such area of critical |
| 1182 | economic concern. |
| 1183 | (5) The department is authorized to administer contracts |
| 1184 | on behalf of a county selected to receive funding for a project |
| 1185 | under this section. All projects funded under this section shall |
| 1186 | be included in the department's work program developed pursuant |
| 1187 | to s. 339.135. |
| 1188 | Section 11. Section 339.55, Florida Statutes, is amended |
| 1189 | to read: |
| 1190 | 339.55 State-funded infrastructure bank.-- |
| 1191 | (1) There is created within the Department of |
| 1192 | Transportation a state-funded infrastructure bank for the |
| 1193 | purpose of providing loans and credit enhancements to government |
| 1194 | units and private entities for use in constructing and improving |
| 1195 | transportation facilities. |
| 1196 | (2) The bank may lend capital costs or provide credit |
| 1197 | enhancements for: |
| 1198 | (a) A transportation facility project that is on the State |
| 1199 | Highway System or that provides for increased mobility on the |
| 1200 | state's transportation system or provides intermodal |
| 1201 | connectivity with airports, seaports, rail facilities, and other |
| 1202 | transportation terminals, pursuant to s. 341.053, for the |
| 1203 | movement of people and goods. |
| 1204 | (b) Regional Incentive Grant Program projects identified |
| 1205 | pursuant to s. 339.2817(4). |
| 1206 | (3) Loans from the bank may be subordinated to senior |
| 1207 | project debt that has an investment grade rating of "BBB" or |
| 1208 | higher. |
| 1209 | (4)(3) Loans from the bank may bear interest at or below |
| 1210 | market interest rates, as determined by the department. |
| 1211 | Repayment of any loan from the bank shall commence not later |
| 1212 | than 5 years after the project has been completed or, in the |
| 1213 | case of a highway project, the facility has opened to traffic, |
| 1214 | whichever is later, and shall be repaid in no more than 30 |
| 1215 | years. |
| 1216 | (5)(4) Except as provided in s. 339.137, To be eligible |
| 1217 | for consideration, projects awarded from the state-funded |
| 1218 | infrastructure bank must be consistent, to the maximum extent |
| 1219 | feasible, with local metropolitan planning organization plans |
| 1220 | and local government comprehensive plans and must provide a |
| 1221 | dedicated repayment source to ensure the loan is repaid to the |
| 1222 | bank. |
| 1223 | (6) Funding awarded for projects under paragraph (2)(b) |
| 1224 | must be matched by a minimum of 25 percent from funds other than |
| 1225 | the state-funded infrastructure bank loan. |
| 1226 | (7)(5) The department may consider, but is not limited to, |
| 1227 | the following criteria for evaluation of projects for assistance |
| 1228 | from the bank: |
| 1229 | (a) The credit worthiness of the project. |
| 1230 | (b) A demonstration that the project will encourage, |
| 1231 | enhance, or create economic benefits. |
| 1232 | (c) The likelihood that assistance would enable the |
| 1233 | project to proceed at an earlier date than would otherwise be |
| 1234 | possible. |
| 1235 | (d) The extent to which assistance would foster innovative |
| 1236 | public-private partnerships and attract private debt or equity |
| 1237 | investment. |
| 1238 | (e) The extent to which the project would use new |
| 1239 | technologies, including intelligent transportation systems, that |
| 1240 | would enhance the efficient operation of the project. |
| 1241 | (f) The extent to which the project would maintain or |
| 1242 | protect the environment. |
| 1243 | (g) A demonstration that the project includes |
| 1244 | transportation benefits for improving intermodalism, cargo and |
| 1245 | freight movement, and safety. |
| 1246 | (h) The amount of the proposed assistance as a percentage |
| 1247 | of the overall project costs with emphasis on local and private |
| 1248 | participation. |
| 1249 | (i) The extent to which the project will provide for |
| 1250 | connectivity between the State Highway System and airports, |
| 1251 | seaports, rail facilities, and other transportation terminals |
| 1252 | and intermodal options pursuant to s. 341.053 for the increased |
| 1253 | accessibility and movement of people and goods. |
| 1254 | (8)(6) Loan assistance provided by the bank shall be |
| 1255 | included in the department's work program developed in |
| 1256 | accordance with s. 339.135. |
| 1257 | (9)(7) The department is authorized to adopt rules to |
| 1258 | implement the state-funded infrastructure bank. |
| 1259 | Section 12. This act shall take effect July 1, 2004. |