Florida Senate - 2009                                    SB 1596
       
       
       
       By the Committee on Transportation
       
       
       
       
       596-01976-09                                          20091596__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 339.135, F.S.; requiring the department to
    4         submit the tentative work program to the Freight
    5         Infrastructure Resource Steering Council, as created
    6         by the act; amending s. 339.64, F.S.; abolishing the
    7         Statewide Intermodal Transportation Advisory Council
    8         and creating the Freight Infrastructure Resource
    9         Steering Council; requiring the council to continue to
   10         advise the Legislature and department on policies,
   11         planning, and funding of certain transportation
   12         projects; requiring the council to prioritize certain
   13         projects and evaluate the priorities of the
   14         department's tentative work program; revising the
   15         membership of the council; revising appointment
   16         authority and providing for terms of office; requiring
   17         that council meetings be electronically recorded;
   18         requiring that recordings and all other documents
   19         received be preserved pursuant to law; providing an
   20         effective date.
   21         
   22  Be It Enacted by the Legislature of the State of Florida:
   23         
   24         Section 1. Paragraph (f) of subsection (4) of section
   25  339.135, Florida Statutes, is amended to read:
   26         339.135 Work program; legislative budget request;
   27  definitions; preparation, adoption, execution, and amendment.—
   28         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
   29         (f) The central office shall submit a preliminary copy of
   30  the tentative work program to the Executive Office of the
   31  Governor, the legislative appropriations committees, the Florida
   32  Transportation Commission, the Freight Infrastructure Resource
   33  Steering Council, and the Department of Community Affairs at
   34  least 14 days prior to the convening of the regular legislative
   35  session. Prior to the statewide public hearing required by
   36  paragraph (g), the Department of Community Affairs shall
   37  transmit to the Florida Transportation Commission a list of
   38  those projects and project phases contained in the tentative
   39  work program which are identified as being inconsistent with
   40  approved local government comprehensive plans. For urbanized
   41  areas of metropolitan planning organizations, the list may not
   42  contain any project or project phase that is scheduled in a
   43  transportation improvement program unless such inconsistency has
   44  been previously reported to the affected metropolitan planning
   45  organization.
   46         Section 2. Subsection (5) of section 339.64, Florida
   47  Statutes, is amended to read:
   48         339.64 Strategic Intermodal System Plan.—
   49         (5) FREIGHT INFRASTRUCTURE RESOURCE STEERING COUNCIL
   50  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
   51         (a) The Freight Infrastructure Resource Steering Council
   52  Statewide Intermodal Transportation Advisory Council is created
   53  to advise and make recommendations to the Legislature and the
   54  department on policies, planning, and funding of intermodal
   55  freight transportation projects. The council's responsibilities
   56  shall include:
   57         1. Advising the department on the policies, planning, and
   58  implementation of strategies used in the prioritization of
   59  related to intermodal freight transportation projects.
   60         2. Evaluating the priorities of intermodal freight projects
   61  in the tentative work program of the department developed under
   62  s. 339.135(4), and providing advice and recommendations to the
   63  Legislature on funding for projects to move goods and people in
   64  the most efficient and effective manner in this state for the
   65  State of Florida.
   66         (b) MEMBERSHIP.—Members of the Freight Infrastructure
   67  Resource Steering Council Statewide Intermodal Transportation
   68  Advisory Council shall consist of the following:
   69         1.Six intermodal industry representatives selected by the
   70  Governor as follows:
   71         a.One representative from an airport involved in the
   72  movement of freight and people from their airport facility to
   73  another transportation mode.
   74         b.One individual representing a fixed-route, local
   75  government transit system.
   76         c.One representative from an intercity bus company
   77  providing regularly scheduled bus travel as determined by
   78  federal regulations.
   79         d.One representative from a spaceport.
   80         e.One representative from intermodal trucking companies.
   81         f.One representative having command responsibilities of a
   82  major military installation.
   83         1.2. Three intermodal industry representatives selected by
   84  the President of the Senate as follows:
   85         a. One representative from major-line railroads.
   86         b. One representative from seaports listed in s. 311.09(1)
   87  from the Atlantic Coast.
   88         c. One representative from an airport involved in the
   89  movement of freight and people from their airport facility to
   90  another transportation mode.
   91         2.3. Three intermodal industry representatives selected by
   92  the Speaker of the House of Representatives as follows:
   93         a. One representative from short-line railroads.
   94         b. One representative from seaports listed in s. 311.09(1)
   95  from the Gulf Coast.
   96         c. One representative from intermodal trucking companies.
   97  In no event may this representative be employed by the same
   98  company that employs the intermodal trucking company
   99  representative selected by the Governor.
  100         3.The Secretary of Transportation or the secretary's
  101  designee.
  102         4.The Secretary of Community Affairs or the secretary's
  103  designee.
  104         5.The director of the Office of Tourism, Trade, and
  105  Economic Development.
  106         (c) Council members Initial appointments to the council
  107  must be made no later than 30 days after the effective date of
  108  this section.
  109         1.The initial appointments made by the President of the
  110  Senate and the Speaker of the House of Representatives shall
  111  serve terms concurrent with those of the respective appointing
  112  officer. Beginning January 15, 2005, and for all subsequent
  113  appointments, council members appointed by the President of the
  114  Senate and the Speaker of the House of Representatives shall be
  115  appointed to serve 2-year terms, concurrent with the term of the
  116  respective appointing officer.
  117         2.The initial appointees, and all subsequent appointees,
  118  made by the Governor shall serve 2-year terms.
  119         2.3. Vacancies on the council shall be filled in the same
  120  manner as the initial appointments.
  121         (d) Each member of the council is shall be allowed one
  122  vote. The council shall select a chair from among its
  123  legislatively appointed membership. Meetings shall be held at
  124  the call of the chair, but not less frequently than twice
  125  annually quarterly. The members of the council are entitled to
  126  reimbursement shall be reimbursed for per diem and travel
  127  expenses as provided in s. 112.061.
  128         (e) The department shall provide administrative staff
  129  support and shall ensure that council meetings are
  130  electronically recorded. The Such recordings and all documents
  131  received, prepared for, or used by the council in conducting its
  132  business shall be preserved pursuant to chapters 119 and 257.
  133         Section 3. This act shall take effect July 1, 2009.