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A bill to be entitled

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An act relating to the Department of Transportation;

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amending s. 334.044, F.S.; directing the department to

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maintain specified training programs for employees and

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prospective employees; amending s. 339.155, F.S.;

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eliminating the requirement for annual updating of the

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Florida Transportation Plan; removing obsolete provisions;

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deleting the requirement to develop a short-range

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component of the Florida Transportation Plan; eliminating

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the requirement to develop an annual performance report;

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amending ss. 338.223, 339.2819, and 339.285, F.S.,

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relating to proposed turnpike projects, the Transportation

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Regional Incentive Program, and the Enhanced Bridge

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Program for Sustainable Transportation; conforming cross-

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references; providing an effective date.

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

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     Section 1.  Subsection (34) is added to section 334.044,

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Florida Statutes, to read:

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     334.044  Department; powers and duties.--The department

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shall have the following general powers and duties:

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     (34) To maintain training programs for department employees

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and prospective employees who are graduates from an approved

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engineering curriculum of 4 years or more in a school, college,

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or university approved by the state Board of Professional

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Engineers for the purpose of providing broad practical expertise

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in the field of transportation engineering and leading to

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licensure as a professional engineer. The department shall

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maintain training programs for department employees providing

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broad practical experience and enhanced knowledge in the areas of

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right-of-way property management, real estate appraisal, and

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business valuation relating to the department's right-of-way

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acquisition activities. These training programs may provide for

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incremental increases in the base salary of all employees

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enrolled in the programs following successful completion of

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training phases.

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     Section 2.  Section 339.155, Florida Statutes, is amended to

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read:

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     339.155  Transportation planning.--

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     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall

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develop and annually update a statewide transportation plan, to

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be known as the Florida Transportation Plan. The plan shall be

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designed so as to be easily read and understood by the general

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public. The purpose of the Florida Transportation Plan is to

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establish and define the state's long-range transportation goals

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and objectives to be accomplished over a period of at least 20

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years within the context of the State Comprehensive Plan, and any

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other statutory mandates and authorizations and based upon the

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prevailing principles of: preserving the existing transportation

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infrastructure; enhancing Florida's economic competitiveness; and

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improving travel choices to ensure mobility. The Florida

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Transportation Plan shall consider the needs of the entire state

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transportation system and examine the use of all modes of

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transportation to effectively and efficiently meet such needs.

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     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry

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out a transportation planning process in conformance with s.

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334.046(1) and shall amend the plan from time to time. which

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provides for consideration of projects and strategies that will:

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     (a) Support the economic vitality of the United States,

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Florida, and the metropolitan areas, especially by enabling

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global competitiveness, productivity, and efficiency;

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     (b) Increase the safety and security of the transportation

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system for motorized and nonmotorized users;

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     (c) Increase the accessibility and mobility options

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available to people and for freight;

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     (d) Protect and enhance the environment, promote energy

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conservation, and improve quality of life;

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     (e) Enhance the integration and connectivity of the

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transportation system, across and between modes throughout

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Florida, for people and freight;

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     (f) Promote efficient system management and operation; and

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     (g) Emphasize the preservation of the existing

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transportation system.

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     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

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Transportation Plan shall be a unified, concise planning document

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that clearly defines the state's long-range transportation goals

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and objectives and documents the department's short-range

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objectives developed to further such goals and objectives. The

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plan shall:

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(a) Include a glossary that clearly and succinctly defines

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any and all phrases, words, or terms of art included in the plan,

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with which the general public may be unfamiliar. and shall

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consist of, at a minimum, the following components:

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     (b)(a) Document A long-range component documenting the

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goals and long-term objectives necessary to implement the results

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of the department's findings from its examination of the criteria

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listed in subsection (2) and s. 334.046(1). The long-range

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component must

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(c) Be developed in cooperation with the metropolitan

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planning organizations and reconciled, to the maximum extent

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feasible, with the long-range plans developed by metropolitan

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planning organizations pursuant to s. 339.175. The plan must also

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(d) Be developed in consultation with affected local

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officials in nonmetropolitan areas and with any affected Indian

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tribal governments. The plan must

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(e) Provide an examination of transportation issues likely

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to arise during at least a 20-year period. The long-range

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component shall

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(f) Be updated at least once every 5 years, or more often

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as necessary, to reflect substantive changes to federal or state

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law.

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     (b) A short-range component documenting the short-term

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objectives and strategies necessary to implement the goals and

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long-term objectives contained in the long-range component. The

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short-range component must define the relationship between the

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long-range goals and the short-range objectives, specify those

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objectives against which the department's achievement of such

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goals will be measured, and identify transportation strategies

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necessary to efficiently achieve the goals and objectives in the

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plan. It must provide a policy framework within which the

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department's legislative budget request, the strategic

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information resource management plan, and the work program are

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developed. The short-range component shall serve as the

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department's annual agency strategic plan pursuant to s. 186.021.

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The short-range component shall be developed consistent with

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available and forecasted state and federal funds. The short-range

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component shall also be submitted to the Florida Transportation

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Commission.

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     (4) ANNUAL PERFORMANCE REPORT.--The department shall

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develop an annual performance report evaluating the operation of

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the department for the preceding fiscal year. The report shall

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also include a summary of the financial operations of the

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department and shall annually evaluate how well the adopted work

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program meets the short-term objectives contained in the short-

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range component of the Florida Transportation Plan. This

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performance report shall be submitted to the Florida

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Transportation Commission and the legislative appropriations and

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transportation committees.

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     (4)(5) ADDITIONAL TRANSPORTATION PLANS.--

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     (a)  Upon request by local governmental entities, the

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department may in its discretion develop and design

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transportation corridors, arterial and collector streets,

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vehicular parking areas, and other support facilities which are

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consistent with the plans of the department for major

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transportation facilities. The department may render to local

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governmental entities or their planning agencies such technical

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assistance and services as are necessary so that local plans and

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facilities are coordinated with the plans and facilities of the

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department.

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     (b)  Each regional planning council, as provided for in s.

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186.504, or any successor agency thereto, shall develop, as an

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element of its strategic regional policy plan, transportation

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goals and policies. The transportation goals and policies must be

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prioritized to comply with the prevailing principles provided in

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subsection (2) and s. 334.046(1). The transportation goals and

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policies shall be consistent, to the maximum extent feasible,

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with the goals and policies of the metropolitan planning

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organization and the Florida Transportation Plan. The

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transportation goals and policies of the regional planning

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council will be advisory only and shall be submitted to the

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department and any affected metropolitan planning organization

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for their consideration and comments. Metropolitan planning

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organization plans and other local transportation plans shall be

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developed consistent, to the maximum extent feasible, with the

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regional transportation goals and policies. The regional planning

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council shall review urbanized area transportation plans and any

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other planning products stipulated in s. 339.175 and provide the

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department and respective metropolitan planning organizations

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with written recommendations which the department and the

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metropolitan planning organizations shall take under advisement.

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Further, the regional planning councils shall directly assist

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local governments which are not part of a metropolitan area

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transportation planning process in the development of the

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transportation element of their comprehensive plans as required

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by s. 163.3177.

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     (c)  Regional transportation plans may be developed in

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regional transportation areas in accordance with an interlocal

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agreement entered into pursuant to s. 163.01 by two or more

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contiguous metropolitan planning organizations; one or more

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metropolitan planning organizations and one or more contiguous

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counties, none of which is a member of a metropolitan planning

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organization; a multicounty regional transportation authority

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created by or pursuant to law; two or more contiguous counties

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that are not members of a metropolitan planning organization; or

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metropolitan planning organizations comprised of three or more

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counties.

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     (d)  The interlocal agreement must, at a minimum, identify

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the entity that will coordinate the development of the regional

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transportation plan; delineate the boundaries of the regional

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transportation area; provide the duration of the agreement and

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specify how the agreement may be terminated, modified, or

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rescinded; describe the process by which the regional

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transportation plan will be developed; and provide how members of

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the entity will resolve disagreements regarding interpretation of

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the interlocal agreement or disputes relating to the development

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or content of the regional transportation plan. Such interlocal

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agreement shall become effective upon its recordation in the

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official public records of each county in the regional

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transportation area.

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     (e)  The regional transportation plan developed pursuant to

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this section must, at a minimum, identify regionally significant

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transportation facilities located within a regional

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transportation area and contain a prioritized list of regionally

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significant projects. The level-of-service standards for

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facilities to be funded under this subsection shall be adopted by

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the appropriate local government in accordance with s.

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163.3180(10). The projects shall be adopted into the capital

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improvements schedule of the local government comprehensive plan

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pursuant to s. 163.3177(3).

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     (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN

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TRANSPORTATION PLANNING.--

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     (a) During the development of the long-range component of

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the Florida Transportation Plan and prior to substantive

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revisions, the department shall provide citizens, affected public

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agencies, representatives of transportation agency employees,

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other affected employee representatives, private providers of

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transportation, and other known interested parties with an

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opportunity to comment on the proposed plan or revisions. These

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opportunities shall include, at a minimum, publishing a notice in

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the Florida Administrative Weekly and within a newspaper of

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general circulation within the area of each department district

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office.

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     (b)  During development of major transportation

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improvements, such as those increasing the capacity of a facility

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through the addition of new lanes or providing new access to a

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limited or controlled access facility or construction of a

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facility in a new location, the department shall hold one or more

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hearings prior to the selection of the facility to be provided;

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prior to the selection of the site or corridor of the proposed

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facility; and prior to the selection of and commitment to a

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specific design proposal for the proposed facility. Such public

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hearings shall be conducted so as to provide an opportunity for

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effective participation by interested persons in the process of

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transportation planning and site and route selection and in the

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specific location and design of transportation facilities. The

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various factors involved in the decision or decisions and any

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alternative proposals shall be clearly presented so that the

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persons attending the hearing may present their views relating to

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the decision or decisions which will be made.

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     (c)  Opportunity for design hearings:

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     1.  The department, prior to holding a design hearing, shall

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duly notify all affected property owners of record, as recorded

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in the property appraiser's office, by mail at least 20 days

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prior to the date set for the hearing. The affected property

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owners shall be:

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     a.  Those whose property lies in whole or in part within 300

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feet on either side of the centerline of the proposed facility.

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     b.  Those whom the department determines will be

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substantially affected environmentally, economically, socially,

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or safetywise.

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     2.  For each subsequent hearing, the department shall

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publish notice prior to the hearing date in a newspaper of

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general circulation for the area affected. These notices must be

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published twice, with the first notice appearing at least 15

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days, but no later than 30 days, before the hearing.

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     3.  A copy of the notice of opportunity for the hearing must

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be furnished to the United States Department of Transportation

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and to the appropriate departments of the state government at the

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time of publication.

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     4.  The opportunity for another hearing shall be afforded in

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any case when proposed locations or designs are so changed from

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those presented in the notices specified above or at a hearing as

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to have a substantially different social, economic, or

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environmental effect.

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     5.  The opportunity for a hearing shall be afforded in each

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case in which the department is in doubt as to whether a hearing

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is required.

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     Section 3.  Paragraph (b) of subsection (1) of section

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338.223, Florida Statutes, is amended to read:

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     338.223  Proposed turnpike projects.--

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     (1)

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     (b)  Any proposed turnpike project or improvement shall be

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developed in accordance with the Florida Transportation Plan and

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the work program pursuant to s. 339.135. Turnpike projects that

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add capacity, alter access, affect feeder roads, or affect the

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operation of the local transportation system shall be included in

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the transportation improvement plan of the affected metropolitan

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planning organization. If such turnpike project does not fall

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within the jurisdiction of a metropolitan planning organization,

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the department shall notify the affected county and provide for

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public hearings in accordance with s. 339.155(5)(c) s.

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339.155(6)(c).

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     Section 4.  Subsections (1) and (3) of section 339.2819,

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Florida Statutes, are amended to read:

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     339.2819  Transportation Regional Incentive Program.--

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     (1)  There is created within the Department of

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Transportation a Transportation Regional Incentive Program for

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the purpose of providing funds to improve regionally significant

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transportation facilities in regional transportation areas

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created pursuant to s. 339.155(4) s. 339.155(5).

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     (3)  The department shall allocate funding available for the

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Transportation Regional Incentive Program to the districts based

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on a factor derived from equal parts of population and motor fuel

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collections for eligible counties in regional transportation

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areas created pursuant to s. 339.155(4) s. 339.155(5).

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     Section 5.  Subsection (6) of section 339.285, Florida

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Statutes, is amended to read:

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     339.285  Enhanced Bridge Program for Sustainable

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Transportation.--

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     (6)  Preference shall be given to bridge projects located on

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corridors that connect to the Strategic Intermodal System,

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created under s. 339.64, and that have been identified as

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regionally significant in accordance with s. 339.155(4)(c), (d),

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and (e) s. 339.155(5)(c), (d), and (e).

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     Section 6.  This act shall take effect July 1, 2008.