Senate Bill sb1766c2

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    Florida Senate - 2006                    CS for CS for SB 1766

    By the Committees on Governmental Oversight and Productivity;
    Transportation; and Senator Sebesta




    585-2485-06

  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         112.061, F.S.; authorizing metropolitan

  4         planning organizations and certain separate

  5         entities to establish per diem and travel

  6         reimbursement rates; amending s. 121.021, F.S.;

  7         revising the definition of "local agency

  8         employer" to include metropolitan planning

  9         organizations and certain separate entities for

10         purposes of the Florida Retirement System Act;

11         revising the definition of "regularly

12         established position" to include positions in

13         metropolitan planning organizations; amending

14         s. 121.051, F.S.; providing for metropolitan

15         planning organizations to participate in the

16         Florida Retirement System; amending s. 121.055,

17         F.S.; requiring certain metropolitan planning

18         organization and similar entity staff positions

19         to be in the Senior Management Service Class of

20         the Florida Retirement System; amending s.

21         121.061, F.S.; providing for enforcement of

22         certain employer funding contributions required

23         under the Florida Retirement System;

24         authorizing deductions of amounts owed from

25         certain funds distributed to a metropolitan

26         planning organization; authorizing the

27         governing body of a metropolitan planning

28         organization to file and maintain an action in

29         court to require an employer to remit

30         retirement or social security member

31         contributions or employer matching payments;

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 1         amending s. 121.081, F.S.; providing for

 2         metropolitan planning organization officers and

 3         staff to claim past service for retirement

 4         benefits; creating s. 336.68, F.S.; providing

 5         that a property owner having real property

 6         located within the boundaries of a community

 7         development district and a special road and

 8         bridge district may select the community

 9         development district to be the provider of the

10         road and drainage improvements to the property

11         of the owner; authorizing the owner of the

12         property to withdraw the property from the

13         special road and bridge district; specifying

14         the procedures and criteria required in order

15         to remove the real property from the special

16         road and bridge district; authorizing the

17         governing body of the special road and bridge

18         district to file a written objection to the

19         proposed withdrawal of the property; amending

20         s. 339.155, F.S.; authorizing the development

21         of additional regional transportation plans by

22         regional transportation planning organizations

23         in certain areas; providing membership

24         requirements for regional transportation

25         planning organizations comprising

26         representatives of transportation planning and

27         economic development interests within a region;

28         authorizing a regional transportation planning

29         organization to be expanded upon agreement of

30         the regional transportation authority and

31         representatives of the area to be expanded

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 1         into, or mode to be included; providing for the

 2         development of by-laws and establishing minimum

 3         terms for certain members of the regional

 4         transportation authority; creating the Bay Area

 5         Transportation Regional Planning Organization

 6         in Hernando, Hillsborough, Manatee, Pasco,

 7         Pinellas, Polk, and Sarasota Counties,

 8         comprised of representatives of transportation

 9         planning and economic development interests

10         within the region; authorizing the Bay Area

11         Regional Transportation Planning Organization

12         to be expanded upon agreement of the regional

13         transportation authority and of the area to be

14         expanded into, or mode to be included;

15         providing for the development of by-laws and

16         establishing minimum terms for certain members

17         of the regional transportation representatives

18         authority; precluding regional transportation

19         organization members from compensation;

20         providing an appropriation; amending s.

21         339.2819, F.S.; providing that the

22         Transportation Regional Incentive Program may

23         fund up to 75 percent of costs for projects

24         identified in a regional transportation plan

25         developed by a regional transportation planning

26         organization; amending s. 339.175, F.S.;

27         specifying that a metropolitan planning

28         organization is a separate legal entity

29         independent of entities represented on the

30         M.P.O. and signatories to the agreement

31         creating the M.P.O.; providing for transfer of

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 1         responsibilities and liabilities to the new

 2         M.P.O. upon execution of a new interlocal

 3         agreement by the governmental entities

 4         constituting the M.P.O.; providing for

 5         selection of certain officers and an agency

 6         clerk; revising requirements for voting

 7         membership; specifying that certain

 8         constitutional officers are not elected

 9         officials of a general-purpose local government

10         for voting membership purposes; establishing a

11         process for appointing alternate members;

12         revising provisions for nonvoting advisers;

13         revising provisions for employment of staff by

14         an M.P.O.; providing for training of certain

15         persons who serve on an M.P.O. for certain

16         purposes; providing additional powers and

17         duties of M.P.O.'s; revising voting

18         requirements for approval of certain plans and

19         programs and amendments thereto; requiring the

20         Florida Transportation Commission to conduct a

21         study of the progress made by M.P.O.'s to

22         establish improved coordinated transportation

23         planning processes; requiring a report;

24         detailing the issues the report must consider;

25         requiring that the report be submitted to the

26         Governor and the Legislature by a specified

27         date; amending s. 20.23, F.S.; providing that

28         the salary and benefits of the executive

29         director of the Florida Transportation

30         Commission shall be set in accordance with the

31         Senior Management Service; amending s. 332.007,

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 1         F.S.; authorizing the Department of

 2         Transportation to provide funds for certain

 3         general aviation projects under certain

 4         circumstances; amending s. 332.007, F.S.,

 5         relating to the administration and financing of

 6         aviation and airport operational and

 7         maintenance projects of publicly owned

 8         airports; changing the expiration date of the

 9         financial programs to the year 2012 from 2007;

10         amending s. 212.055, F.S.; redesignating the

11         charter county transit system surtax as the

12         charter county transportation system surtax;

13         providing that the proposal to adopt such a

14         discretionary sales surtax and create a trust

15         fund may be placed on the ballot pursuant to an

16         initiative petition if the county charter so

17         provides; providing additional purposes for

18         which the proceeds from the surtax may be used;

19         allowing counties that are not charter counties

20         to levy, by ordinance, a county transportation

21         system surtax; requiring that a discretionary

22         sales surtax that is to be adopted by

23         referendum be placed on the ballot at a time

24         set at the discretion of the governing body of

25         a county; requiring that the proceeds from a

26         surtax be distributed to a county and to each

27         municipality within the county according to an

28         interlocal agreement or an apportionment

29         factor; providing that the proceeds from the

30         surtax be used for certain purposes as

31  

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 1         considered appropriate by the county

 2         commission; providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (14) of section 112.061, Florida

 7  Statutes, is amended to read:

 8         112.061  Per diem and travel expenses of public

 9  officers, employees, and authorized persons.--

10         (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

11  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--

12         (a)  Rates that exceed the maximum travel reimbursement

13  rates for nonstate travelers specified in paragraph (6)(a) for

14  per diem, in paragraph (6)(b) for subsistence, and in

15  subparagraph (7)(d)1. for mileage may be established by:

16         1.  The governing body of a county by the enactment of

17  an ordinance or resolution;

18         2.  A county constitutional officer, pursuant to s.

19  1(d), Art. VIII of the State Constitution, by the

20  establishment of written policy;

21         3.  The governing body of a district school board by

22  the adoption of rules; or

23         4.  The governing body of a special district, as

24  defined in s. 189.403(1), except those special districts that

25  are subject to s. 166.021(10), by the enactment of a

26  resolution; or

27         5.  Any metropolitan planning organization created

28  pursuant to s. 339.175, or any separate legal or

29  administrative entity created pursuant to s. 339.175 of which

30  a metropolitan planning organization is a member, by enactment

31  of a resolution.

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 1         (b)  Rates established pursuant to paragraph (a) must

 2  apply uniformly to all travel by the county, county

 3  constitutional officer and entity governed by that officer,

 4  district school board, or special district, or metropolitan

 5  planning organization.

 6         (c)  Except as otherwise provided in this subsection,

 7  counties, county constitutional officers and entities governed

 8  by those officers, district school boards, and special

 9  districts, other than those subject to s. 166.021(10), remain

10  subject to the requirements of this section.

11         Section 2.  Paragraph (a) of subsection (42) and

12  paragraph (b) of subsection (52) of section 121.021, Florida

13  Statutes, are amended to read:

14         121.021  Definitions.--The following words and phrases

15  as used in this chapter have the respective meanings set forth

16  unless a different meaning is plainly required by the context:

17         (42)(a)  "Local agency employer" means the board of

18  county commissioners or other legislative governing body of a

19  county, however styled, including that of a consolidated or

20  metropolitan government; a clerk of the circuit court,

21  sheriff, property appraiser, tax collector, or supervisor of

22  elections, provided such officer is elected or has been

23  appointed to fill a vacancy in an elective office; a community

24  college board of trustees or district school board; or the

25  governing body of any city, metropolitan planning organization

26  created pursuant to s. 339.175, or any separate legal or

27  administrative entity created pursuant to s. 339.175, or

28  special district of the state which participates in the system

29  for the benefit of certain of its employees.

30         (52)  "Regularly established position" is defined as

31  follows:

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 1         (b)  In a local agency (district school board, county

 2  agency, community college, city, metropolitan planning

 3  organization, or special district), the term means a regularly

 4  established position which will be in existence for a period

 5  beyond 6 consecutive months, except as provided by rule.

 6         Section 3.  Paragraph (b) of subsection (2) of section

 7  121.051, Florida Statutes, is amended to read:

 8         121.051  Participation in the system.--

 9         (2)  OPTIONAL PARTICIPATION.--

10         (b)1.  The governing body of any municipality,

11  metropolitan planning organization, or special district in the

12  state may elect to participate in the system upon proper

13  application to the administrator and may cover all or any of

14  its units as approved by the Secretary of Health and Human

15  Services and the administrator. The department shall adopt

16  rules establishing provisions for the submission of documents

17  necessary for such application. Prior to being approved for

18  participation in the Florida Retirement System, the governing

19  body of any such municipality, metropolitan planning

20  organization, or special district that has a local retirement

21  system shall submit to the administrator a certified financial

22  statement showing the condition of the local retirement system

23  as of a date within 3 months prior to the proposed effective

24  date of membership in the Florida Retirement System. The

25  statement must be certified by a recognized accounting firm

26  that is independent of the local retirement system. All

27  required documents necessary for extending Florida Retirement

28  System coverage must be received by the department for

29  consideration at least 15 days prior to the proposed effective

30  date of coverage. If the municipality, metropolitan planning

31  organization, or special district does not comply with this

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 1  requirement, the department may require that the effective

 2  date of coverage be changed.

 3         2.  Any city, metropolitan planning organization, or

 4  special district that has an existing retirement system

 5  covering the employees in the units that are to be brought

 6  under the Florida Retirement System may participate only after

 7  holding a referendum in which all employees in the affected

 8  units have the right to participate. Only those employees

 9  electing coverage under the Florida Retirement System by

10  affirmative vote in said referendum shall be eligible for

11  coverage under this chapter, and those not participating or

12  electing not to be covered by the Florida Retirement System

13  shall remain in their present systems and shall not be

14  eligible for coverage under this chapter. After the referendum

15  is held, all future employees shall be compulsory members of

16  the Florida Retirement System.

17         3.  The governing body of any city, metropolitan

18  planning organization, or special district complying with

19  subparagraph 1. may elect to provide, or not provide, benefits

20  based on past service of officers and employees as described

21  in s. 121.081(1). However, if such employer elects to provide

22  past service benefits, such benefits must be provided for all

23  officers and employees of its covered group.

24         4.  Once this election is made and approved it may not

25  be revoked, except pursuant to subparagraphs 5. and 6., and

26  all present officers and employees electing coverage under

27  this chapter and all future officers and employees shall be

28  compulsory members of the Florida Retirement System.

29         5.  Subject to the conditions set forth in subparagraph

30  6., the governing body of any hospital licensed under chapter

31  395 which is governed by the board of a special district as

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 1  defined in s. 189.403(1) or by the board of trustees of a

 2  public health trust created under s. 154.07, hereinafter

 3  referred to as "hospital district," and which participates in

 4  the system, may elect to cease participation in the system

 5  with regard to future employees in accordance with the

 6  following procedure:

 7         a.  No more than 30 days and at least 7 days before

 8  adopting a resolution to partially withdraw from the Florida

 9  Retirement System and establish an alternative retirement plan

10  for future employees, a public hearing must be held on the

11  proposed withdrawal and proposed alternative plan.

12         b.  From 7 to 15 days before such hearing, notice of

13  intent to withdraw, specifying the time and place of the

14  hearing, must be provided in writing to employees of the

15  hospital district proposing partial withdrawal and must be

16  published in a newspaper of general circulation in the area

17  affected, as provided by ss. 50.011-50.031. Proof of

18  publication of such notice shall be submitted to the

19  Department of Management Services.

20         c.  The governing body of any hospital district seeking

21  to partially withdraw from the system must, before such

22  hearing, have an actuarial report prepared and certified by an

23  enrolled actuary, as defined in s. 112.625(3), illustrating

24  the cost to the hospital district of providing, through the

25  retirement plan that the hospital district is to adopt,

26  benefits for new employees comparable to those provided under

27  the Florida Retirement System.

28         d.  Upon meeting all applicable requirements of this

29  subparagraph, and subject to the conditions set forth in

30  subparagraph 6., partial withdrawal from the system and

31  adoption of the alternative retirement plan may be

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 1  accomplished by resolution duly adopted by the hospital

 2  district board. The hospital district board must provide

 3  written notice of such withdrawal to the division by mailing a

 4  copy of the resolution to the division, postmarked no later

 5  than December 15, 1995. The withdrawal shall take effect

 6  January 1, 1996.

 7         6.  Following the adoption of a resolution under

 8  sub-subparagraph 5.d., all employees of the withdrawing

 9  hospital district who were participants in the Florida

10  Retirement System prior to January 1, 1996, shall remain as

11  participants in the system for as long as they are employees

12  of the hospital district, and all rights, duties, and

13  obligations between the hospital district, the system, and the

14  employees shall remain in full force and effect. Any employee

15  who is hired or appointed on or after January 1, 1996, may not

16  participate in the Florida Retirement System, and the

17  withdrawing hospital district shall have no obligation to the

18  system with respect to such employees.

19         Section 4.  Paragraph (l) is added to subsection (1) of

20  section 121.055, Florida Statutes, to read:

21         121.055  Senior Management Service Class.--There is

22  hereby established a separate class of membership within the

23  Florida Retirement System to be known as the "Senior

24  Management Service Class," which shall become effective

25  February 1, 1987.

26         (1)

27         (l)  For each metropolitan planning organization that

28  has opted to become part of the Florida Retirement System,

29  participation in the Senior Management Service Class shall be

30  compulsory for the executive director or staff director of

31  

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 1  that metropolitan planning organization or similar entity

 2  created pursuant to s. 339.175.

 3         Section 5.  Paragraphs (a) and (c) of subsection (2) of

 4  section 121.061, Florida Statutes, are amended to read:

 5         121.061  Funding.--

 6         (2)(a)  Should any employer other than a state employer

 7  fail to make the retirement and social security contributions,

 8  both member and employer contributions, required by this

 9  chapter, then, upon request by the administrator, the

10  Department of Revenue or the Department of Financial Services,

11  as the case may be, shall deduct the amount owed by the

12  employer from any funds to be distributed by it to the county,

13  city, metropolitan planning organization, special district, or

14  consolidated form of government. The amounts so deducted shall

15  be transferred to the administrator for further distribution

16  to the trust funds in accordance with this chapter.

17         (c)  The governing body of each county, city,

18  metropolitan planning organization, special district, or

19  consolidated form of government participating under this

20  chapter or the administrator, acting individually or jointly,

21  is hereby authorized to file and maintain an action in the

22  courts of the state to require any employer to remit any

23  retirement or social security member contributions or employer

24  matching payments due the retirement or social security trust

25  funds under the provisions of this chapter.

26         Section 6.  Paragraphs (a), (b), and (e) of subsection

27  (1) of section 121.081, Florida Statutes, are amended to read:

28         121.081  Past service; prior service;

29  contributions.--Conditions under which past service or prior

30  service may be claimed and credited are:

31  

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 1         (1)(a)  Past service, as defined in s. 121.021(18), may

 2  be claimed as creditable service by officers or employees of a

 3  city, metropolitan planning organization, or special district

 4  that become a covered group under this system. The governing

 5  body of a covered group in compliance with s. 121.051(2)(b)

 6  may elect to provide benefits with respect to past service

 7  earned prior to January 1, 1975, in accordance with this

 8  chapter, and the cost for such past service shall be

 9  established by applying the following formula: The member

10  contribution for both regular and special risk members shall

11  be 4 percent of the gross annual salary for each year of past

12  service claimed, plus 4-percent employer matching

13  contribution, plus 4 percent interest thereon compounded

14  annually, figured on each year of past service, with interest

15  compounded from date of annual salary earned until July 1,

16  1975, and 6.5 percent interest compounded annually thereafter

17  until date of payment. Once the total cost for a member has

18  been figured to date, then after July 1, 1975, 6.5 percent

19  compounded interest shall be added each June 30 thereafter on

20  any unpaid balance until the cost of such past service

21  liability is paid in full. The following formula shall be used

22  in calculating past service earned prior to January 1, 1975:

23  (Annual gross salary multiplied by 8 percent) multiplied by

24  the 4 percent or 6.5 percent compound interest table factor,

25  as may be applicable. The resulting product equals cost to

26  date for each particular year of past service.

27         (b)  Past service earned after January 1, 1975, may be

28  claimed by officers or employees of a city, metropolitan

29  planning organization, or special district that becomes a

30  covered group under this system. The governing body of a

31  covered group may elect to provide benefits with respect to

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 1  past service earned after January 1, 1975, in accordance with

 2  this chapter, and the cost for such past service shall be

 3  established by applying the following formula: The employer

 4  shall contribute an amount equal to the contribution rate in

 5  effect at the time the service was earned, multiplied by the

 6  employee's gross salary for each year of past service claimed,

 7  plus 6.5 percent interest thereon, compounded annually,

 8  figured on each year of past service, with interest compounded

 9  from date of annual salary earned until date of payment.

10         (e)  Past service, as defined in s. 121.021(18), may be

11  claimed as creditable service by a member of the Florida

12  Retirement System who formerly was an officer or employee of a

13  city, metropolitan planning organization, or special district,

14  notwithstanding the status or form of the retirement system,

15  if any, of that city, metropolitan planning organization, or

16  special district and irrespective of whether officers or

17  employees of that city, metropolitan planning organization, or

18  special district now or hereafter become a covered group under

19  the Florida Retirement System. Such member may claim

20  creditable service and be entitled to the benefits accruing to

21  the regular class of members as provided for the past service

22  claimed under this paragraph by paying into the retirement

23  trust fund an amount equal to the total actuarial cost of

24  providing the additional benefit resulting from such

25  past-service credit, discounted by the applicable actuarial

26  factors to date of retirement.

27         Section 7.  Section 336.68, Florida Statutes, is

28  created to read:

29         336.68  Special road and bridge district boundaries;

30  property owner's rights and options.--

31  

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 1         (1)  An owner of real property that is located within

 2  the boundaries of a community development district created

 3  under chapter 190 and a special road and bridge district

 4  created under former ss. 336.61-336.67 may select the

 5  community development district to be the provider of the road

 6  and drainage improvements to the property of the owner. After

 7  making this selection, the property owner may withdraw the

 8  property from the special road and bridge district using the

 9  procedures set forth in this section.

10         (2)  In order to be eligible to withdraw the property

11  from the special road and bridge district, the subject

12  property may not have received improvements or benefits from

13  the special road and bridge district, there must be no

14  outstanding bonded indebtedness of the special road and bridge

15  district for which the property is subject to ad valorem tax

16  levies, and the withdrawal of the property may not create an

17  enclave bounded on all sides by other property within the

18  boundaries of the special road and bridge district after the

19  property owner withdraws the property from the special road

20  and bridge district.

21         (3)  If the property owner chooses to withdraw the

22  property from the special road and bridge district, the

23  property owner must file a certificate of withdrawal in the

24  official records of each county in which the property is

25  located. The certificate must identify the name and mailing

26  address of the owner, the legal description of the property,

27  the name of the district from which the property is being

28  withdrawn, and the general location of the property within the

29  district. The certificate must further state that the property

30  has not received benefits from the district from which the

31  property is to be withdrawn, that there is no bonded

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 1  indebtedness owed by the district, and that the property being

 2  withdrawn will not become an enclave within the boundary of

 3  the special road and bridge district.

 4         (4)  The property owner must provide a copy of the

 5  recorded certificate to the governing body of the special road

 6  and bridge district from which the property is being withdrawn

 7  no later than 10 days after the certificate is filed with the

 8  county. If the district objects to the withdrawal of the

 9  property from the district, it must file a written objection

10  in each county where the property is located identifying the

11  withdrawal criteria that has not been satisfied. The objection

12  must be filed within 30 days after the certificate is

13  recorded. If an objection is not filed within the 30-day

14  period, the withdrawal of the property is deemed to be final,

15  and the property is permanently withdrawn from the boundary of

16  the special road and bridge district.

17         Section 8.  Paragraph (c) of subsection (5) of section

18  339.155, Florida Statutes, is amended to read:

19         339.155  Transportation planning.--

20         (5)  ADDITIONAL TRANSPORTATION PLANS.--

21         (c)  Regional transportation plans may be developed in

22  regional transportation areas in accordance with an interlocal

23  agreement entered into pursuant to s. 163.01 by:

24         1.  Two or more contiguous metropolitan planning

25  organizations; one or more metropolitan planning organizations

26  and one or more contiguous counties, none of which is a member

27  of a metropolitan planning organization; a multicounty

28  regional transportation authority created by or pursuant to

29  law; two or more contiguous counties that are not members of a

30  metropolitan planning organization; or metropolitan planning

31  organizations comprised of three or more counties; and.

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 1         2.  A regional transportation planning organization,

 2  referred to as a RTPO. A RTPO may be formed in any

 3  census-designated urbanized area of 1 million or more persons

 4  to develop a regional transportation plan and to advise the

 5  department regarding the programming of regional

 6  transportation projects within the area.

 7         a.  Voting membership of the RTPO must include, but is

 8  not limited to:

 9         (I)  A representative of the metropolitan planning

10  organizations serving the urbanized area. The member must be

11  an elected official and a member of a metropolitan planning

12  organization when elected and for the full extent of his or

13  her term on the board.

14         (II)  A representative of the public economic

15  development agencies in the region who is not an elected

16  official but who is a resident and a qualified elector in the

17  region served by the RTPO.

18         (III)  A representative of any private economic

19  development agency in the region who is not an elected

20  official but who is a resident and a qualified elector in the

21  region served by the RTPO.

22         (IV)  A representative appointed by the Secretary of

23  Transportation, who shall be the district secretary, or his or

24  her designee, for each district, or part of a district, within

25  the region served by the RTPO.

26         (V)  The executive director of the Turnpike Enterprise

27  or his or her designee.

28         (VI)  A representative of the public transit providers,

29  as defined in chapter 341, operating within the region served

30  by the RTPO.

31  

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 1         (VII)  A representative of the airports designated as

 2  strategic intermodal system facilities located within the

 3  region served by the RTPO.

 4         (VIII)  A representative of the affected seaports.

 5  designated as strategic intermodal system facilities, located

 6  in the region served by the RTPO.

 7         (IX)  A representative of the rail lines, designated as

 8  strategic intermodal system facilities, operating in the

 9  region served by the RTPO.

10         (X)  A representative of the expressway or bridge

11  authority, created under chapter 348, operating in the region

12  served by the RTPO.

13         (XI)  The chair of the local legislative delegation.

14         b.  The geographic area of the RTPO may be expanded by

15  agreement of the voting membership of the organization and the

16  metropolitan planning organization serving the area to be

17  included, or board of county commissioners if no metropolitan

18  planning organization exists. Representatives of additional

19  transportation-related activities may be included by agreement

20  of the voting membership of the RTPO.

21         c.  The RTPO shall develop by-laws that provide for the

22  election of a chair and terms of members. However, for the

23  members representing the collective bodies listed in

24  sub-sub-subparagraphs a.(I), (II), (III), (VI), (VII), (VIII),

25  (IX), and (X), the initial terms must be 2 years.

26         d.  The voting members of the RTPO are not entitled to

27  compensation, but shall be reimbursed for travel expenses

28  actually incurred in their duties as provided by law.

29         3.  A regional transportation planning organization is

30  created to be known as the Bay Area Regional Transportation

31  Planning Organization. The purpose of the organization is to

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 1  develop a regional transportation plan and to advise the

 2  department regarding the programming of regional

 3  transportation projects within Hernando, Hillsborough,

 4  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.

 5         a.  The voting membership of the organization consists

 6  of the following members:

 7         (I)  A representative of the chair's coordinating

 8  committee created under s. 339.175(5). The member must be an

 9  elected official and a member of a metropolitan planning

10  organization when elected and for the full extent of his or

11  her term on the board.

12         (II)  A representative of the Tampa Bay Partnership who

13  is not an elected official but who is a resident and a

14  qualified elector in the region served by the organization.

15         (III)  A representative appointed by the Secretary of

16  Transportation, who shall be the district secretary, or his or

17  her designee, for each district or part of a district in the

18  counties served by the organization.

19         (IV)  The executive director of the Turnpike Enterprise

20  or his or her designee.

21         (V)  A representative of the Tampa Bay Commuter Transit

22  Authority.

23         (VI)  A representative of the Tampa-Hillsborough County

24  Expressway Authority.

25         (VII)  A representative of the Tampa Bay Regional

26  Planning Council.

27         (VIII)  A representative of the airports, collectively

28  representing the interests of Tampa International Airport, St.

29  Petersburg/Clearwater International Airport, and

30  Sarasota/Bradenton International Airport.

31  

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 1         (IX)  A representative collectively representing the

 2  rail interests in the region.

 3         (X)  A representative collectively representing the

 4  governing boards of the Port of Tampa, Port Manatee, and the

 5  Port of St. Petersburg.

 6         (XI)  A representative collectively representing the

 7  public economic development agencies representing Hernando,

 8  Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota

 9  Counties.

10         (XII)  The chair of the Bay Area legislative

11  delegation.

12         b.  The geographic area may be expanded by agreement of

13  the voting membership of the organization and the metropolitan

14  planning organization serving the area to be included, or the

15  board of county commissioners if no metropolitan planning

16  organization exists. Representatives of additional

17  transportation-related activities may be included by agreement

18  of the voting membership of the organization.

19         c.  The organization shall develop by-laws that provide

20  for the election of a chair and terms of members. However, for

21  the members representing the collective bodies listed in

22  sub-sub-subparagraphs a.(I), (V), (VIII), (X), and (XI), the

23  initial terms must be 2 years.

24         d.  The voting members of the organization are not

25  entitled to compensation, but shall be reimbursed for travel

26  expenses actually incurred in their duties as provided by law.

27         Section 9.  The sum of $100,000 in nonrecurring general

28  revenue is appropriated to the State Transportation Trust Fund

29  in the Department of Transportation for the purpose of funding

30  the Bay Area Regional Transportation Planning Organization for

31  

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 1  the purpose of transportation planning for the 2006-2007

 2  fiscal year.

 3         Section 10.  Subsection (2) of section 339.2819,

 4  Florida Statutes, is amended to read:

 5         339.2819  Transportation Regional Incentive Program.--

 6         (2)(a)  For a public transportation facility project

 7  identified in a regional transportation plan developed under

 8  s. 339.155(5)(c)1., the percentage of matching funds provided

 9  from the Transportation Regional Incentive Program shall be 50

10  percent of project costs, or up to 50 percent of the

11  nonfederal share of the eligible project cost for a public

12  transportation facility project.

13         (b)  For a public transportation facility project

14  identified in a regional transportation plan developed under

15  s. 339.155(5)(c)2. or 3., by a regional transportation

16  planning organization, the percentage of matching funds

17  provided from the transportation regional incentive program

18  shall be 75 percent of project costs, or up to 75 percent of

19  the nonfederal share of the eligible project cost for the

20  public transportation facility project.

21         Section 11.  Subsection (1), paragraphs (a) and (b) of

22  subsection (2), paragraphs (a) and (b) of subsection (3), and

23  subsections (5) and (12) of section 339.175, Florida Statutes,

24  are amended, to read:

25         339.175  Metropolitan planning organization.--It is the

26  intent of the Legislature to encourage and promote the safe

27  and efficient management, operation, and development of

28  surface transportation systems that will serve the mobility

29  needs of people and freight within and through urbanized areas

30  of this state while minimizing transportation-related fuel

31  consumption and air pollution. To accomplish these objectives,

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 1  metropolitan planning organizations, referred to in this

 2  section as M.P.O.'s, shall develop, in cooperation with the

 3  state and public transit operators, transportation plans and

 4  programs for metropolitan areas. The plans and programs for

 5  each metropolitan area must provide for the development and

 6  integrated management and operation of transportation systems

 7  and facilities, including pedestrian walkways and bicycle

 8  transportation facilities that will function as an intermodal

 9  transportation system for the metropolitan area, based upon

10  the prevailing principles provided in s. 334.046(1). The

11  process for developing such plans and programs shall provide

12  for consideration of all modes of transportation and shall be

13  continuing, cooperative, and comprehensive, to the degree

14  appropriate, based on the complexity of the transportation

15  problems to be addressed. To ensure that the process is

16  integrated with the statewide planning process, M.P.O.'s shall

17  develop plans and programs that identify transportation

18  facilities that should function as an integrated metropolitan

19  transportation system, giving emphasis to facilities that

20  serve important national, state, and regional transportation

21  functions. For the purposes of this section, those facilities

22  include the facilities on the Strategic Intermodal System

23  designated under s. 339.63 and facilities for which projects

24  have been identified pursuant to s. 339.2819(4).

25         (1)  DESIGNATION.--

26         (a)1.  An M.P.O. shall be designated for each urbanized

27  area of the state; however, this does not require that an

28  individual M.P.O. be designated for each such area. The Such

29  designation shall be accomplished by agreement between the

30  Governor and units of general-purpose local government

31  representing at least 75 percent of the population of the

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 1  urbanized area; however, the unit of general-purpose local

 2  government that represents the central city or cities within

 3  the M.P.O. jurisdiction, as defined by the United States

 4  Bureau of the Census, must be a party to the such agreement.

 5         2.  More than one M.P.O. may be designated within an

 6  existing metropolitan planning area only if the Governor and

 7  the existing M.P.O. determine that the size and complexity of

 8  the existing metropolitan planning area makes the designation

 9  of more than one M.P.O. for the area appropriate.

10         (b)  Each M.P.O. required to be designated by Title 23

11  of the United States Code shall be created and operated under

12  the provisions of this section pursuant to an interlocal

13  agreement entered into pursuant to s. 163.01. The signatories

14  to the interlocal agreement shall be the department and the

15  governmental entities designated by the Governor for

16  membership on the M.P.O. Each M.P.O. is separate from the

17  state and the governing body of a local government which is

18  represented on the governing board of the M.P.O. or which is a

19  signatory to the interlocal agreement creating the M.P.O. The

20  M.P.O. has the powers and privileges that are provided to it

21  under s. 163.01. If there is a conflict between this section

22  and s. 163.01, this section prevails.

23         (c)  The jurisdictional boundaries of an M.P.O. shall

24  be determined by agreement between the Governor and the

25  applicable M.P.O.  The boundaries must include at least the

26  metropolitan planning area, which is the existing urbanized

27  area and the contiguous area expected to become urbanized

28  within a 20-year forecast period, and may encompass the entire

29  metropolitan statistical area or the consolidated metropolitan

30  statistical area.

31  

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 1         (d)  In the case of an urbanized area designated as a

 2  nonattainment area for ozone or carbon monoxide under the

 3  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

 4  the metropolitan planning area in existence as of the date of

 5  enactment of this paragraph shall be retained, except that the

 6  boundaries may be adjusted by agreement of the Governor and

 7  affected metropolitan planning organizations in the manner

 8  described in this section. If more than one M.P.O. has

 9  authority within a metropolitan area or an area that is

10  designated as a nonattainment area, each M.P.O. shall consult

11  with other M.P.O.'s designated for such area and with the

12  state in the coordination of plans and programs required by

13  this section.

14         (e)  The governing body of the M.P.O. shall designate a

15  chair, a vice chair, and an agency clerk. The chair and vice

16  chair must be selected from among the delegates representing

17  the member organizations that comprise the governing board of

18  the M.P.O. The agency clerk is responsible for preparing

19  minutes of each meeting and maintaining the records of the

20  M.P.O. The clerk may be a member of the M.P.O. governing

21  board, an employee of the M.P.O., or any other natural person.

22  

23  Each M.P.O. required under this section must be fully

24  operative no later than 6 months following its designation.

25         (2)  VOTING MEMBERSHIP.--

26         (a)  The voting membership of an M.P.O. shall consist

27  of not fewer than 5 or more than 19 apportioned members, the

28  exact number to be determined on an equitable

29  geographic-population ratio basis by the Governor, based on an

30  agreement among the affected units of general-purpose local

31  government as required by federal rules and regulations. The

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 1  Governor, in accordance with 23 U.S.C. s. 134, may also

 2  provide for M.P.O. members who represent municipalities to

 3  alternate with representatives from other municipalities

 4  within the metropolitan planning area that do not have members

 5  on the M.P.O. County commission members shall compose not less

 6  than one-third of the M.P.O. membership, except for an M.P.O.

 7  with more than 15 members located in a county with a 5-member

 8  five-member county commission or an M.P.O. with 19 members

 9  located in a county with no more than 6 county commissioners,

10  in which case county commission members may compose less than

11  one-third percent of the M.P.O. membership, but all county

12  commissioners must be members. All voting members shall be

13  elected officials of general-purpose local governments, except

14  that an M.P.O. may include, as part of its apportioned voting

15  members, a member of a statutorily authorized planning board,

16  an official of an agency that operates or administers a major

17  mode of transportation, or an official of the Florida Space

18  Authority. As used in this section, elected officials of a

19  general-purpose local government shall exclude constitutional

20  officers, including sheriffs, tax collectors, supervisors of

21  elections, property appraisers, clerks of the court, and

22  similar types of officials. County commissioners The county

23  commission shall compose not less than 20 percent of the

24  M.P.O. membership if an official of an agency that operates or

25  administers a major mode of transportation has been appointed

26  to an M.P.O.

27         (b)  In metropolitan areas in which authorities or

28  other agencies have been or may be created by law to perform

29  transportation functions and are performing transportation

30  functions that are not under the jurisdiction of a

31  general-purpose general purpose local government represented

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 1  on the M.P.O., they shall be provided voting membership on the

 2  M.P.O. In all other M.P.O.'s where transportation authorities

 3  or agencies are to be represented by elected officials from

 4  general-purpose general purpose local governments, the M.P.O.

 5  shall establish a process by which the collective interests of

 6  such authorities or other agencies are expressed and conveyed.

 7         (3)  APPORTIONMENT.--

 8         (a)  The Governor shall, with the agreement of the

 9  affected units of general-purpose local government as required

10  by federal rules and regulations, apportion the membership on

11  the applicable M.P.O. among the various governmental entities

12  within the area. At the request of a majority of the affected

13  units of general-purpose local government comprising an

14  M.P.O., the Governor and a majority of units of

15  general-purpose local governments serving on an M.P.O. and

16  shall cooperatively agree upon and prescribe who may serve as

17  an alternate member and a method for appointing alternate

18  members who may vote at any M.P.O. meeting that an alternate

19  member attends in place of a regular member. The methodology

20  shall be set forth as a part of the interlocal agreement

21  describing the M.P.O.'s membership or in the M.P.O.'s

22  operating procedures and bylaws. An appointed alternate member

23  must be an elected official serving the same governmental

24  entity or a general-purpose local government with jurisdiction

25  within all or part of the area that the regular member serves.

26  The governmental entity so designated shall appoint the

27  appropriate number of members to the M.P.O. from eligible

28  officials. Representatives of the department shall serve as

29  nonvoting members of the M.P.O. governing board. Nonvoting

30  advisers may be appointed by the M.P.O. as deemed necessary;

31  however, to the maximum extent feasible, each M.P.O. shall

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 1  seek to appoint nonvoting representatives of various

 2  multimodal forms of transportation not otherwise represented

 3  by voting members of the M.P.O. An M.P.O. shall appoint

 4  nonvoting advisers representing major military installations

 5  upon the request of the major military installations and

 6  subject to the agreement of the M.P.O. All nonvoting advisers

 7  may attend and participate fully in governing board meetings

 8  but shall not vote and shall not be members of the governing

 9  board. The Governor shall review the composition of the M.P.O.

10  membership in conjunction with the decennial census as

11  prepared by the United States Department of Commerce, Bureau

12  of the Census, and reapportion it as necessary to comply with

13  subsection (2).

14         (b)  Except for members who represent municipalities on

15  the basis of alternating with representatives from other

16  municipalities that do not have members on the M.P.O. as

17  provided in paragraph (2)(a), the members of an M.P.O. shall

18  serve 4-year terms. Members who represent municipalities on

19  the basis of alternating with representatives from other

20  municipalities that do not have members on the M.P.O. as

21  provided in paragraph (2)(a) may serve terms of up to 4 years

22  as further provided in the interlocal agreement described in

23  paragraph (1)(b). The membership of a member who is a public

24  official automatically terminates upon the member's leaving

25  his or her elective or appointive office for any reason, or

26  may be terminated by a majority vote of the total membership

27  of the entity's governing board a county or city governing

28  entity represented by the member. A vacancy shall be filled by

29  the original appointing entity. A member may be reappointed

30  for one or more additional 4-year terms.

31  

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 1         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

 2  privileges, and authority of an M.P.O. are those specified in

 3  this section or incorporated in an interlocal agreement

 4  authorized under s. 163.01. Each M.P.O. shall perform all acts

 5  required by federal or state laws or rules, now and

 6  subsequently applicable, which are necessary to qualify for

 7  federal aid. It is the intent of this section that each M.P.O.

 8  shall be involved in the planning and programming of

 9  transportation facilities, including, but not limited to,

10  airports, intercity and high-speed rail lines, seaports, and

11  intermodal facilities, to the extent permitted by state or

12  federal law.

13         (a)  Each M.P.O. shall, in cooperation with the

14  department, develop:

15         1.  A long-range transportation plan pursuant to the

16  requirements of subsection (6);

17         2.  An annually updated transportation improvement

18  program pursuant to the requirements of subsection (7); and

19         3.  An annual unified planning work program pursuant to

20  the requirements of subsection (8).

21         (b)  In developing the long-range transportation plan

22  and the transportation improvement program required under

23  paragraph (a), each M.P.O. shall provide for consideration of

24  projects and strategies that will:

25         1.  Support the economic vitality of the metropolitan

26  area, especially by enabling global competitiveness,

27  productivity, and efficiency;

28         2.  Increase the safety and security of the

29  transportation system for motorized and nonmotorized users;

30         3.  Increase the accessibility and mobility options

31  available to people and for freight;

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 1         4.  Protect and enhance the environment, promote energy

 2  conservation, and improve quality of life;

 3         5.  Enhance the integration and connectivity of the

 4  transportation system, across and between modes, for people

 5  and freight;

 6         6.  Promote efficient system management and operation;

 7  and

 8         7.  Emphasize the preservation of the existing

 9  transportation system.

10         (c)  In order to provide recommendations to the

11  department and local governmental entities regarding

12  transportation plans and programs, each M.P.O. shall:

13         1.  Prepare a congestion management system for the

14  metropolitan area and cooperate with the department in the

15  development of all other transportation management systems

16  required by state or federal law;

17         2.  Assist the department in mapping transportation

18  planning boundaries required by state or federal law;

19         3.  Assist the department in performing its duties

20  relating to access management, functional classification of

21  roads, and data collection;

22         4.  Execute all agreements or certifications necessary

23  to comply with applicable state or federal law;

24         5.  Represent all the jurisdictional areas within the

25  metropolitan area in the formulation of transportation plans

26  and programs required by this section; and

27         6.  Perform all other duties required by state or

28  federal law.

29         (d)  Each M.P.O. shall appoint a technical advisory

30  committee that includes planners; engineers; representatives

31  of local aviation authorities, port authorities, and public

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 1  transit authorities or representatives of aviation

 2  departments, seaport departments, and public transit

 3  departments of municipal or county governments, as applicable;

 4  the school superintendent of each county within the

 5  jurisdiction of the M.P.O. or the superintendent's designee;

 6  and other appropriate representatives of affected local

 7  governments. In addition to any other duties assigned to it by

 8  the M.P.O. or by state or federal law, the technical advisory

 9  committee is responsible for considering safe access to

10  schools in its review of transportation project priorities,

11  long-range transportation plans, and transportation

12  improvement programs, and shall advise the M.P.O. on such

13  matters. In addition, the technical advisory committee shall

14  coordinate its actions with local school boards and other

15  local programs and organizations within the metropolitan area

16  which participate in school safety activities, such as locally

17  established community traffic safety teams. Local school

18  boards must provide the appropriate M.P.O. with information

19  concerning future school sites and in the coordination of

20  transportation service.

21         (e)1.  Each M.P.O. shall appoint a citizens' advisory

22  committee, the members of which serve at the pleasure of the

23  M.P.O. The membership on the citizens' advisory committee must

24  reflect a broad cross section of local residents with an

25  interest in the development of an efficient, safe, and

26  cost-effective transportation system. Minorities, the elderly,

27  and the handicapped must be adequately represented.

28         2.  Notwithstanding the provisions of subparagraph 1.,

29  an M.P.O. may, with the approval of the department and the

30  applicable federal governmental agency, adopt an alternative

31  

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 1  program or mechanism to ensure citizen involvement in the

 2  transportation planning process.

 3         (f)  The department shall allocate to each M.P.O., for

 4  the purpose of accomplishing its transportation planning and

 5  programming duties, an appropriate amount of federal

 6  transportation planning funds.

 7         (g)  Each M.P.O. shall have an executive or staff

 8  director, who reports directly to the M.P.O. governing board

 9  for all matters regarding the administration and operation of

10  the M.P.O., and any additional personnel as deemed necessary.

11  The executive director and any additional personnel may be

12  employed either by an M.P.O. or by another governmental

13  entity, such as a county, city, or regional planning council,

14  which has a signed staff services agreement in effect with the

15  M.P.O. In addition, an M.P.O. may employ personnel or may

16  enter into contracts with local or state governmental

17  agencies, private planning or engineering firms, or other

18  private engineering firms to accomplish its transportation

19  planning and programming duties and administrative functions

20  required by state or federal law.

21         (h)  Each M.P.O. shall provide training opportunities

22  for local elected officials and others who serve on an M.P.O.

23  in order to enhance their knowledge, effectiveness, and

24  participation in the urbanized area transportation planning

25  process. The training opportunities may be conducted by an

26  individual M.P.O. or through statewide and federal training

27  programs and initiatives that are specifically designed to

28  meet the needs of M.P.O. board members.

29         (i)(h)  A chair's coordinating committee is created,

30  composed of the M.P.O.'s serving Hernando, Hillsborough,

31  

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 1  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The

 2  committee must, at a minimum:

 3         1.  Coordinate transportation projects deemed to be

 4  regionally significant by the committee.

 5         2.  Review the impact of regionally significant land

 6  use decisions on the region.

 7         3.  Review all proposed regionally significant

 8  transportation projects in the respective transportation

 9  improvement programs which affect more than one of the

10  M.P.O.'s represented on the committee.

11         4.  Institute a conflict resolution process to address

12  any conflict that may arise in the planning and programming of

13  such regionally significant projects.

14         (j)(i)1.  The Legislature finds that the state's rapid

15  growth in recent decades has caused many urbanized areas

16  subject to M.P.O. jurisdiction to become contiguous to each

17  other. As a result, various transportation projects may cross

18  from the jurisdiction of one M.P.O. into the jurisdiction of

19  another M.P.O. To more fully accomplish the purposes for which

20  M.P.O.'s have been mandated, M.P.O.'s shall develop

21  coordination mechanisms with one another to expand and improve

22  transportation within the state. The appropriate method of

23  coordination between M.P.O.'s shall vary depending upon the

24  project involved and given local and regional needs.

25  Consequently, it is appropriate to set forth a flexible

26  methodology that can be used by M.P.O.'s to coordinate with

27  other M.P.O.'s and appropriate political subdivisions as

28  circumstances demand.

29         2.  Any M.P.O. may join with any other M.P.O. or any

30  individual political subdivision to coordinate activities or

31  to achieve any federal or state transportation planning or

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 1  development goals or purposes consistent with federal or state

 2  law. When an M.P.O. determines that it is appropriate to join

 3  with another M.P.O. or any political subdivision to coordinate

 4  activities, the M.P.O. or political subdivision shall enter

 5  into an interlocal agreement pursuant to s. 163.01, which, at

 6  a minimum, creates a separate legal or administrative entity

 7  to coordinate the transportation planning or development

 8  activities required to achieve the goal or purpose; provides

 9  provide the purpose for which the entity is created; provides

10  provide the duration of the agreement and the entity, and

11  specifies specify how the agreement may be terminated,

12  modified, or rescinded; describes describe the precise

13  organization of the entity, including who has voting rights on

14  the governing board, whether alternative voting members are

15  provided for, how voting members are appointed, and what the

16  relative voting strength is for each constituent M.P.O. or

17  political subdivision; provides provide the manner in which

18  the parties to the agreement will provide for the financial

19  support of the entity and payment of costs and expenses of the

20  entity; provides provide the manner in which funds may be paid

21  to and disbursed from the entity; and provides provide how

22  members of the entity will resolve disagreements regarding

23  interpretation of the interlocal agreement or disputes

24  relating to the operation of the entity. Such interlocal

25  agreement shall become effective upon its recordation in the

26  official public records of each county in which a member of

27  the entity created by the interlocal agreement has a voting

28  member. This paragraph does not require any M.P.O.'s to merge,

29  combine, or otherwise join together as a single M.P.O.

30         (12)  VOTING REQUIREMENTS.--Each long-range

31  transportation plan required pursuant to subsection (6), each

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 1  annually updated Transportation Improvement Program required

 2  under subsection (7), and each amendment that affects projects

 3  in the first 3 years of such plans and programs must be

 4  approved by each M.P.O. on a supermajority recorded roll call

 5  vote or hand-counted vote of a majority plus one of the

 6  membership present.

 7         Section 12.  The Florida Transportation Commission

 8  shall conduct a study of the progress made by M.P.O.'s to

 9  establish improved coordinated transportation planning

10  processes. The report must, at a minimum, address the efforts

11  and progress of each M.P.O. to include representatives of the

12  various modes of transportation into the metropolitan planning

13  process; the efforts and progress of M.P.O.'s located within

14  urbanized areas consisting of more than one M.P.O., or

15  M.P.O.'s located in urbanized areas that are contiguous to

16  M.P.O.'s serving different urbanized areas, to implement

17  coordinated long-range transportation plans covering the

18  combined metropolitan planning area; the extent to which these

19  long-range plans serve as the basis for the transportation

20  improvement program of each M.P.O.; and an assessment of the

21  effectiveness of processes to prioritize

22  regionally-significant projects and implement regional public

23  involvement activities. The report shall be submitted to the

24  Governor, the President of the Senate, and the Speaker of the

25  House of Representatives no later than January 15, 2007.

26         Section 13.  Paragraph (h) of subsection (2) of section

27  20.23, Florida Statutes, is amended to read:

28         20.23  Department of Transportation.--There is created

29  a Department of Transportation which shall be a decentralized

30  agency.

31         (2)

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 1         (h)  The commission shall appoint an executive director

 2  and assistant executive director, who shall serve under the

 3  direction, supervision, and control of the commission. The

 4  executive director, with the consent of the commission, shall

 5  employ such staff as are necessary to perform adequately the

 6  functions of the commission, within budgetary limitations. All

 7  employees of the commission are exempt from part II of chapter

 8  110 and shall serve at the pleasure of the commission. The

 9  salaries and benefits of all employees of the commission,

10  except for the executive director, shall be set in accordance

11  with the Selected Exempt Service; provided, however, that the

12  salary and benefits of the executive director shall be set in

13  accordance with the Senior Management Service. The commission

14  shall have complete authority for fixing the salary of the

15  executive director and assistant executive director.

16         Section 14.  Paragraph (c) of subsection (6) of section

17  332.007, Florida Statutes, is amended to read:

18         332.007  Administration and financing of aviation and

19  airport programs and projects; state plan.--

20         (6)  Subject to the availability of appropriated funds,

21  the department may participate in the capital cost of eligible

22  public airport and aviation development projects in accordance

23  with the following rates, unless otherwise provided in the

24  General Appropriations Act or the substantive bill

25  implementing the General Appropriations Act:

26         (c)  When federal funds are not available, the

27  department may fund up to 80 percent of master planning and

28  eligible aviation development projects at publicly owned,

29  publicly operated airports. If federal funds are available but

30  are insufficient to meet the maximum authorized federal share,

31  the department may fund up to 80 percent of the nonfederal

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 1  share of such projects. Such funding is limited to airports

 2  that have no scheduled commercial service.

 3         Section 15.  Subsection (8) of section 332.007, Florida

 4  Statutes, is amended to read:

 5         332.007  Administration and financing of aviation and

 6  airport programs and projects; state plan.--

 7         (8)  Notwithstanding any other provision of law to the

 8  contrary, the department is authorized to provide operational

 9  and maintenance assistance to publicly owned public-use

10  airports. Such assistance shall be to comply with enhanced

11  federal security requirements or to address related economic

12  impacts from the events of September 11, 2001. For projects in

13  the current adopted work program, or projects added using the

14  available budget of the department, airports may request the

15  department change the project purpose in accordance with this

16  provision notwithstanding the provisions of s. 339.135(7). For

17  purposes of this subsection, the department may fund up to 100

18  percent of eligible project costs that are not funded by the

19  Federal Government. Prior to releasing any funds under this

20  section, the department shall review and approve the

21  expenditure plans submitted by the airport. The department

22  shall inform the Legislature of any change that it approves

23  under this subsection. This subsection shall expire on June

24  30, 2012 2007.

25         Section 16.  Subsection (1) of section 212.055, Florida

26  Statutes, is amended, and subsection (8) is added to that

27  section, to read:

28         212.055  Discretionary sales surtaxes; legislative

29  intent; authorization and use of proceeds.--It is the

30  legislative intent that any authorization for imposition of a

31  discretionary sales surtax shall be published in the Florida

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 1  Statutes as a subsection of this section, irrespective of the

 2  duration of the levy.  Each enactment shall specify the types

 3  of counties authorized to levy; the rate or rates which may be

 4  imposed; the maximum length of time the surtax may be imposed,

 5  if any; the procedure which must be followed to secure voter

 6  approval, if required; the purpose for which the proceeds may

 7  be expended; and such other requirements as the Legislature

 8  may provide.  Taxable transactions and administrative

 9  procedures shall be as provided in s. 212.054.

10         (1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM

11  SURTAX.--

12         (a)  Each charter county which adopted a charter prior

13  to January 1, 1984, and each county the government of which is

14  consolidated with that of one or more municipalities, may levy

15  a discretionary sales surtax, subject to approval by a

16  majority vote of the electorate of the county or by a charter

17  amendment approved by a majority vote of the electorate of the

18  county.

19         (b)  The rate shall be up to 1 percent.

20         (c)  The proposal to adopt a discretionary sales surtax

21  as provided in this subsection and to create a trust fund

22  within the county accounts shall be placed on the ballot in

23  accordance with law at a time to be set at the discretion of

24  the governing body or pursuant to initiative petition, if

25  provided for in the county's charter.

26         (d)  Proceeds from the surtax shall be applied to as

27  many or as few of the uses enumerated below in whatever

28  combination the county commission deems appropriate:

29         1.  Deposited by the county in the trust fund and shall

30  be used for the purposes of development, construction,

31  equipment, maintenance, operation, supportive services,

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 1  including a countywide bus system, and related costs of a

 2  fixed guideway rapid transit system;

 3         2.  Remitted by the governing body of the county to an

 4  expressway or transportation authority created by law to be

 5  used, at the discretion of such authority, for the

 6  development, construction, operation, or maintenance of roads

 7  or bridges in the county, for the operation and maintenance of

 8  a bus system, for the payment of principal and interest on

 9  existing bonds issued for the construction of such roads or

10  bridges, and, upon approval by the county commission, such

11  proceeds may be pledged for bonds issued to refinance existing

12  bonds or new bonds issued for the construction of such roads

13  or bridges;

14         3.  Used by the charter county for the development,

15  construction, operation, and maintenance of roads and bridges

16  in the county; for the expansion, operation, and maintenance

17  of bus and fixed guideway systems; and for the payment of

18  principal and interest on bonds issued for the construction of

19  fixed guideway rapid transit systems, bus systems, roads, or

20  bridges; and such proceeds may be pledged by the governing

21  body of the county for bonds issued to refinance existing

22  bonds or new bonds issued for the construction of such fixed

23  guideway rapid transit systems, bus systems, roads, or bridges

24  and no more than 25 percent used for nontransit uses; and

25         4.  Used by the charter county for the planning,

26  development, construction, operation, and maintenance of roads

27  and bridges in the county; for the planning, development,

28  expansion, operation, and maintenance of bus and fixed

29  guideway systems; and for the payment of principal and

30  interest on bonds issued for the construction of fixed

31  guideway rapid transit systems, bus systems, roads, or

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 1  bridges; and such proceeds may be pledged by the governing

 2  body of the county for bonds issued to refinance existing

 3  bonds or new bonds issued for the construction of such fixed

 4  guideway rapid transit systems, bus systems, roads, or

 5  bridges. Pursuant to an interlocal agreement entered into

 6  pursuant to chapter 163, the governing body of the charter

 7  county may distribute proceeds from the tax to a municipality,

 8  or an expressway or transportation authority created by law to

 9  be expended for the purpose authorized by this paragraph;.

10         5.  Used by the charter county to fund regionally

11  significant transportation projects that are identified in a

12  regional transportation plan developed in accordance with s.

13  339.155(5) or to provide matching funds for the Transportation

14  Regional Incentive Program in accordance with s. 339.2819 or

15  the New Starts Transit Program, as provided in s. 341.051; and

16         6.  Used by the charter county to fund projects

17  identified in a capital improvements element of a

18  comprehensive plan that has been determined to be in

19  compliance with part II of chapter 163 or to implement a

20  long-term concurrency management system adopted by a local

21  government in accordance with s. 163.3177(3) or (9).

22         (8)  COUNTY TRANSPORTATION SYSTEM SURTAX.--

23         (a)  The governing authority of a county that is not

24  authorized to levy a discretionary sales surtax pursuant to

25  subsection (1) may levy a discretionary sales surtax pursuant

26  to ordinance enacted by a majority of the members of the

27  county governing authority and subject to approval by a

28  majority vote of the electorate of the county.

29         (b)  The rate shall be up to 1 percent.

30         (c)  If the proposal to adopt a discretionary sales

31  surtax is to be adopted by a referendum as provided in this

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 1  subsection, such proposal shall be placed on the ballot in

 2  accordance with law at a time to be set at the discretion of

 3  the governing body of the county.

 4         (d)  Proceeds from the surtax shall be distributed to

 5  the county and to each municipality within the county in which

 6  the surtax is collected according to:

 7         1.  A separate interlocal agreement between the county

 8  governing body and the governing body of any municipality

 9  within the county; or

10         2.  If there is no interlocal agreement between the

11  county governing body and the governing body of any

12  municipality within the county, an apportionment factor for

13  each eligible local government as specified in this

14  subparagraph.

15         a.  The apportionment factor for an eligible county

16  shall be composed of two equally weighted portions as follows:

17         (I)  Each eligible county's population in the

18  unincorporated areas of the county as a percentage of the

19  total county population as determined pursuant to s. 186.901.

20         (II)  Each eligible county's percentage of centerline

21  miles derived from the combined total number of centerline

22  miles owned and maintained by the county and each municipality

23  within the county as annually reported in the City/County

24  Mileage Report promulgated by the Transportation Statistics

25  Office within the Department of Transportation.

26         b.  The apportionment factor for an eligible

27  municipality shall be composed of two equally weighted

28  portions as follows:

29         (I)  Each eligible municipality's population as a

30  percentage of the total county population as determined

31  pursuant to s. 186.901.

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 1         (II)  Each eligible municipality's percentage of

 2  centerline miles derived from the combined total number of

 3  centerline miles owned and maintained by the county  and each

 4  municipality within the county as annually reported in the

 5  City/County Mileage Report promulgated by the Transportation

 6  Statistics Office within the Department of Transportation.

 7         (e)  Proceeds from the surtax shall be applied to as

 8  many or as few of the uses enumerated below in whatever

 9  combination the governing body of the municipality or the

10  county considers appropriate:

11         1.  Deposited by the governing body of the municipality

12  or the county in the trust fund and used for the purposes of

13  development, construction, equipment, maintenance, operation,

14  supportive services, including a bus system, and related costs

15  of a fixed guideway rapid transit system;

16         2.  Remitted by the governing body of the municipality

17  or the county to an expressway or transportation authority

18  created by law to be used, at the discretion of such

19  authority, for the development, construction, operation, or

20  maintenance of roads, bicycle and pedestrian facilities, or

21  bridges in the county or municipality, for the operation and

22  maintenance of a bus system, for the payment of principal and

23  interest on existing bonds issued for the construction of such

24  roads, bicycle or pedestrian facilities, or bridges, and, upon

25  approval by the governing body of the municipality or county,

26  pledged for bonds issued to refinance existing bonds or new

27  bonds issued for the construction of such roads or bridges;

28         3.  Used by the governing body of the municipality or

29  county for the planning, development, construction, operation,

30  and maintenance of roads, bicycle and pedestrian facilities,

31  or bridges in the municipality or county; for the planning,

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 1  development, expansion, operation, and maintenance of bus and

 2  fixed guideway systems; and for the payment of principal and

 3  interest on bonds issued for the construction of fixed

 4  guideway rapid transit systems, bus systems, roads, bicycle

 5  and pedestrian facilities, or bridges; and, upon approval by

 6  the governing body of the municipality or county, pledged by

 7  the governing body of the municipality or county for bonds

 8  issued to refinance existing bonds or new bonds issued for the

 9  construction of such fixed guideway rapid transit systems, bus

10  systems, roads, bicycle and pedestrian facilities, or bridges;

11         4.  Used by the county or municipality to fund

12  regionally significant transportation projects that are

13  identified in a regional transportation plan developed in

14  accordance with s. 339.155(5) or to provide matching funds for

15  the Transportation Regional Incentive Program in accordance

16  with s. 339.2819 or the New Starts Transit Program as provided

17  in s. 341.051; and

18         5.  Used by the county or municipality to fund projects

19  identified in a capital improvements element of a

20  comprehensive plan that has been determined to be in

21  compliance with part II of chapter 163 or to implement a

22  long-term concurrency management system adopted by a local

23  government in accordance with s. 163.3177(3) or (9).

24         Section 17.  This act shall take effect July 1, 2006.

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 1766

 3                                 

 4  Provides that an owner of property located within a community
    development district and a special road and bridge district
 5  may select the community development district to be the
    provider of road and drainage improvements, and establishes
 6  procedures for withdrawal from a special road and bridge
    district.
 7  
    Clarifies the definition of "elected officials" for purposes
 8  of a metropolitan planning organization.

 9  Changes the name of the Charter County Transit System Surtax
    to the Charter County Transportation System Surtax, authorizes
10  all counties to levy one, and specifies the allowable uses for
    the surtax proceeds.
11  
    Provides for the creation, membership, and duties of regional
12  transportation planning organizations, provides an
    appropriation for one, and provides that certain projects
13  receive 75% matching funds.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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