Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1032
Ì607432ÆÎ607432
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/06/2024 .
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The Committee on Transportation (Gruters) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (e) of subsection (1) of section
6 20.23, Florida Statutes, is amended to read:
7 20.23 Department of Transportation.—There is created a
8 Department of Transportation which shall be a decentralized
9 agency.
10 (1)
11 (e) The Any secretary appointed after July 5, 1989, and the
12 assistant secretaries are shall be exempt from the provisions of
13 part III of chapter 110 and shall receive compensation
14 commensurate with their qualifications and competitive with
15 compensation for comparable responsibility in the private
16 sector.
17 Section 2. Subsection (3) of section 334.065, Florida
18 Statutes, is amended to read:
19 334.065 Center for Urban Transportation Research.—
20 (3) An advisory board shall be created to periodically and
21 objectively review and advise the center concerning its research
22 program. Except for projects mandated by law, state-funded base
23 projects shall not be undertaken without approval of the
24 advisory board. The membership of the board shall be composed
25 consist of 10 nine experts in transportation-related areas, as
26 follows:
27 (a) One member appointed by the President of the Senate.
28 (b) One member appointed by the Speaker of the House of
29 Representatives.
30 (c) The Secretary of Transportation or his or her designee.
31 (d) The Secretary of Commerce or his or her designee.
32 (e) A member of the Florida Transportation Commission.
33 (f) Five including the secretaries of the Department of
34 Transportation, the Department of Environmental Protection, and
35 the Department of Economic Opportunity, or their designees, and
36 a member of the Florida Transportation Commission. The
37 nomination of the remaining members recommended of the board
38 shall be made to the President of the University of South
39 Florida by the College of Engineering at the University of South
40 Florida., and The appointment of these members must be reviewed
41 and approved by the Florida Transportation Commission and
42 confirmed by the Board of Governors.
43 Section 3. Paragraph (d) of subsection (3) of section
44 334.066, Florida Statutes, is amended to read:
45 334.066 Implementing Solutions from Transportation Research
46 and Evaluating Emerging Technologies Living Lab.—
47 (3) An advisory board shall be created to periodically
48 review and advise I-STREET concerning its research program. The
49 board shall consist of nine members with expertise in
50 transportation-related areas, as follows:
51 (d) The Secretary of Commerce Economic Opportunity or his
52 or her designee.
53 Section 4. Present subsection (10) of section 339.175,
54 Florida Statutes, is redesignated as subsection (11), a new
55 subsection (10) is added to that section, and subsection (1),
56 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
57 subsection (6), subsection (7), and present subsection (11) are
58 amended, to read:
59 339.175 Metropolitan planning organization.—
60 (1) INTENT PURPOSE.—It is the intent of the Legislature to
61 encourage and promote the safe and efficient management,
62 operation, and development of multimodal surface transportation
63 systems that will serve the mobility needs of people and freight
64 and foster economic growth and development within and through
65 urbanized areas of this state while balancing the conservation
66 of natural resources minimizing transportation-related fuel
67 consumption, air pollution, and greenhouse gas emissions through
68 metropolitan transportation planning processes identified in
69 this section. To accomplish these objectives, metropolitan
70 planning organizations, referred to in this section as M.P.O.’s,
71 shall develop, in cooperation with the state and public transit
72 operators, transportation plans and programs for metropolitan
73 areas. The plans and programs for each metropolitan area must
74 provide for the development and integrated management and
75 operation of transportation systems and facilities, including
76 pedestrian walkways and bicycle transportation facilities that
77 will function as an intermodal transportation system for the
78 metropolitan area, based upon the prevailing principles provided
79 in s. 334.046(1). The process for developing such plans and
80 programs shall provide for consideration of all modes of
81 transportation and shall be continuing, cooperative, and
82 comprehensive, to the degree appropriate, based on the
83 complexity of the transportation problems to be addressed. To
84 ensure that the process is integrated with the statewide
85 planning process, M.P.O.’s shall develop plans and programs that
86 identify transportation facilities that should function as an
87 integrated metropolitan transportation system, giving emphasis
88 to facilities that serve important national, state, and regional
89 transportation functions. For the purposes of this section,
90 those facilities include the facilities on the Strategic
91 Intermodal System designated under s. 339.63 and facilities for
92 which projects have been identified pursuant to s. 339.2819(4).
93 (2) DESIGNATION.—
94 (a)1. An M.P.O. shall be designated for each urbanized area
95 of the state; however, this does not require that an individual
96 M.P.O. be designated for each such area. Such designation shall
97 be accomplished by agreement between the Governor and units of
98 general-purpose local government representing at least 75
99 percent of the population of the urbanized area; however, the
100 unit of general-purpose local government that represents the
101 central city or cities within the M.P.O. jurisdiction, as
102 defined by the United States Bureau of the Census, must be a
103 party to such agreement.
104 2. To the extent possible, only one M.P.O. shall be
105 designated for each urbanized area or group of contiguous
106 urbanized areas. More than one M.P.O. may be designated within
107 an existing urbanized area only if the Governor and the existing
108 M.P.O. determine that the size and complexity of the existing
109 urbanized area makes the designation of more than one M.P.O. for
110 the area appropriate. After July 1, 2024, no additional M.P.O.’s
111 may be designated in this state except in urbanized areas, as
112 defined by the United States Bureau of the Census, where the
113 urbanized area boundary is not contiguous to an urbanized area
114 designated before the 2020 census, in which case each M.P.O.
115 designated for the area must:
116 a. Consult with every other M.P.O. designated for the
117 urbanized area and the state to coordinate plans and
118 transportation improvement programs.
119 b. Ensure, to the maximum extent practicable, the
120 consistency of data used in the planning process, including data
121 used in forecasting travel demand within the urbanized area.
122
123 Each M.P.O. required under this section must be fully operative
124 no later than 6 months following its designation.
125 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
126 privileges, and authority of an M.P.O. are those specified in
127 this section or incorporated in an interlocal agreement
128 authorized under s. 163.01. Each M.P.O. shall perform all acts
129 required by federal or state laws or rules, now and subsequently
130 applicable, which are necessary to qualify for federal aid. It
131 is the intent of this section that each M.P.O. be involved in
132 the planning and programming of transportation facilities,
133 including, but not limited to, airports, intercity and high
134 speed rail lines, seaports, and intermodal facilities, to the
135 extent permitted by state or federal law. An M.P.O. may not
136 perform project production or delivery for capital improvement
137 projects on the State Highway System.
138 (b) In developing the long-range transportation plan and
139 the transportation improvement program required under paragraph
140 (a), each M.P.O. shall provide for consideration of projects and
141 strategies that will:
142 1. Support the economic vitality of the contiguous
143 urbanized metropolitan area, especially by enabling global
144 competitiveness, productivity, and efficiency.
145 2. Increase the safety and security of the transportation
146 system for motorized and nonmotorized users.
147 3. Increase the accessibility and mobility options
148 available to people and for freight.
149 4. Protect and enhance the environment, conserve natural
150 resources promote energy conservation, and improve quality of
151 life.
152 5. Enhance the integration and connectivity of the
153 transportation system, across and between modes and contiguous
154 urbanized metropolitan areas, for people and freight.
155 6. Promote efficient system management and operation.
156 7. Emphasize the preservation of the existing
157 transportation system.
158 8. Improve the resilience of transportation infrastructure.
159 9. Reduce traffic and congestion.
160 (i) By February 28, 2025 December 31, 2023, the M.P.O.’s
161 serving Lee and Collier Hillsborough, Pasco, and Pinellas
162 Counties must submit a feasibility report to the Governor, the
163 President of the Senate, and the Speaker of the House of
164 Representatives exploring the benefits, costs, and process of
165 consolidation into a single M.P.O. serving the contiguous
166 urbanized area, the goal of which would be to:
167 1. Coordinate transportation projects deemed to be
168 regionally significant.
169 2. Review the impact of regionally significant land use
170 decisions on the region.
171 3. Review all proposed regionally significant
172 transportation projects in their respective the transportation
173 improvement programs.
174 (j)1. To more fully accomplish the purposes for which
175 M.P.O.’s have been mandated, the department shall, at least
176 annually, convene M.P.O.’s of similar size, based on the size of
177 population served, for the purpose of exchanging best practices.
178 M.P.O.’s may shall develop committees or working groups as
179 needed to accomplish such purpose. At the discretion of the
180 department, training for new M.P.O. governing board members must
181 be provided by the department, by an entity pursuant to a
182 contract with the department, by the Florida Center for Urban
183 Transportation Research, or by the Implementing Solutions from
184 Transportation Research and Evaluating Emerging Technologies (I
185 STREET) Living Lab coordination mechanisms with one another to
186 expand and improve transportation within the state. The
187 appropriate method of coordination between M.P.O.’s shall vary
188 depending upon the project involved and given local and regional
189 needs. Consequently, it is appropriate to set forth a flexible
190 methodology that can be used by M.P.O.’s to coordinate with
191 other M.P.O.’s and appropriate political subdivisions as
192 circumstances demand.
193 2. Any M.P.O. may join with any other M.P.O. or any
194 individual political subdivision to coordinate activities or to
195 achieve any federal or state transportation planning or
196 development goals or purposes consistent with federal or state
197 law. When an M.P.O. determines that it is appropriate to join
198 with another M.P.O. or any political subdivision to coordinate
199 activities, the M.P.O. or political subdivision shall enter into
200 an interlocal agreement pursuant to s. 163.01, which, at a
201 minimum, creates a separate legal or administrative entity to
202 coordinate the transportation planning or development activities
203 required to achieve the goal or purpose; provides the purpose
204 for which the entity is created; provides the duration of the
205 agreement and the entity and specifies how the agreement may be
206 terminated, modified, or rescinded; describes the precise
207 organization of the entity, including who has voting rights on
208 the governing board, whether alternative voting members are
209 provided for, how voting members are appointed, and what the
210 relative voting strength is for each constituent M.P.O. or
211 political subdivision; provides the manner in which the parties
212 to the agreement will provide for the financial support of the
213 entity and payment of costs and expenses of the entity; provides
214 the manner in which funds may be paid to and disbursed from the
215 entity; and provides how members of the entity will resolve
216 disagreements regarding interpretation of the interlocal
217 agreement or disputes relating to the operation of the entity.
218 Such interlocal agreement shall become effective upon its
219 recordation in the official public records of each county in
220 which a member of the entity created by the interlocal agreement
221 has a voting member. Multiple M.P.O.’s may merge, combine, or
222 otherwise join together as a single M.P.O.
223 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
224 develop a long-range transportation plan that addresses at least
225 a 20-year planning horizon. The plan must include both long
226 range and short-range strategies and must comply with all other
227 state and federal requirements. The prevailing principles to be
228 considered in the long-range transportation plan are: preserving
229 the existing transportation infrastructure; enhancing Florida’s
230 economic competitiveness; and improving travel choices to ensure
231 mobility. The long-range transportation plan must be consistent,
232 to the maximum extent feasible, with future land use elements
233 and the goals, objectives, and policies of the approved local
234 government comprehensive plans of the units of local government
235 located within the jurisdiction of the M.P.O. Each M.P.O. is
236 encouraged to consider strategies that integrate transportation
237 and land use planning to provide for sustainable development and
238 reduce greenhouse gas emissions. The approved long-range
239 transportation plan must be considered by local governments in
240 the development of the transportation elements in local
241 government comprehensive plans and any amendments thereto. The
242 long-range transportation plan must, at a minimum:
243 (a) Identify transportation facilities, including, but not
244 limited to, major roadways, airports, seaports, spaceports,
245 commuter rail systems, transit systems, and intermodal or
246 multimodal terminals that will function as an integrated
247 metropolitan transportation system. The long-range
248 transportation plan must give emphasis to those transportation
249 facilities that serve national, statewide, or regional
250 functions, and must consider the goals and objectives identified
251 in the Florida Transportation Plan as provided in s. 339.155. If
252 a project is located within the boundaries of more than one
253 M.P.O., the M.P.O.’s must coordinate plans regarding the project
254 in the long-range transportation plan. Multiple M.P.O.’s within
255 a contiguous urbanized area must coordinate the development of
256 long-range transportation plans to be reviewed by the
257 Metropolitan Planning Organization Advisory Council.
258 (b) Include a financial plan that demonstrates how the plan
259 can be implemented, indicating resources from public and private
260 sources which are reasonably expected to be available to carry
261 out the plan, and recommends any additional financing strategies
262 for needed projects and programs. The financial plan may
263 include, for illustrative purposes, additional projects that
264 would be included in the adopted long-range transportation plan
265 if reasonable additional resources beyond those identified in
266 the financial plan were available. For the purpose of developing
267 the long-range transportation plan, the M.P.O. and the
268 department shall cooperatively develop estimates of funds that
269 will be available to support the plan implementation. Innovative
270 financing techniques may be used to fund needed projects and
271 programs. Such techniques may include the assessment of tolls,
272 public-private partnerships, the use of value capture financing,
273 or the use of value pricing. Multiple M.P.O.’s within a
274 contiguous urbanized area must ensure, to the maximum extent
275 possible, the consistency of data used in the planning process.
276 (c) Assess capital investment and other measures necessary
277 to:
278 1. Ensure the preservation of the existing metropolitan
279 transportation system including requirements for the operation,
280 resurfacing, restoration, and rehabilitation of major roadways
281 and requirements for the operation, maintenance, modernization,
282 and rehabilitation of public transportation facilities; and
283 2. Make the most efficient use of existing transportation
284 facilities to relieve vehicular congestion, improve safety, and
285 maximize the mobility of people and goods. Such efforts must
286 include, but are not limited to, consideration of infrastructure
287 and technological improvements necessary to accommodate advances
288 in vehicle technology, such as automated driving systems and
289 other developments.
290 (d) Indicate, as appropriate, proposed transportation
291 enhancement activities, including, but not limited to,
292 pedestrian and bicycle facilities, trails or facilities that are
293 regionally significant or critical linkages for the Florida
294 Shared-Use Nonmotorized Trail Network, scenic easements,
295 landscaping, integration of advanced air mobility, and
296 integration of autonomous and electric vehicles, electric
297 bicycles, and motorized scooters used for freight, commuter, or
298 micromobility purposes historic preservation, mitigation of
299 water pollution due to highway runoff, and control of outdoor
300 advertising.
301 (e) In addition to the requirements of paragraphs (a)-(d),
302 in metropolitan areas that are classified as nonattainment areas
303 for ozone or carbon monoxide, the M.P.O. must coordinate the
304 development of the long-range transportation plan with the State
305 Implementation Plan developed pursuant to the requirements of
306 the federal Clean Air Act.
307
308 In the development of its long-range transportation plan, each
309 M.P.O. must provide the public, affected public agencies,
310 representatives of transportation agency employees, freight
311 shippers, providers of freight transportation services, private
312 providers of transportation, representatives of users of public
313 transit, and other interested parties with a reasonable
314 opportunity to comment on the long-range transportation plan.
315 The long-range transportation plan must be approved by the
316 M.P.O. and by the department as provided in subsection (10).
317 (10) ACCOUNTABILITY.—
318 (a) The department shall review each M.P.O.’s long-range
319 transportation plan for productive flow and connectivity for
320 people and freight within the M.P.O.’s metropolitan area. If the
321 department finds an M.P.O.’s long-range transportation plan to
322 be unsatisfactory or incongruent with the metropolitan area, the
323 department must return the plan to the M.P.O. for revision.
324 (b) The department shall create quality performance metrics
325 and a scoring mechanism by which to evaluate each M.P.O.’s
326 service to its communities, taking into consideration traffic
327 congestion, the utilization rate of multimodal transportation
328 facilities, resident satisfaction, efficiency of the
329 transportation system for people and freight, and other factors
330 the department deems necessary. The department shall establish a
331 minimum acceptable quality performance score.
332 (c) Beginning in 2025, and each year thereafter, each
333 M.P.O. shall report its score for each quality performance
334 metric by December 1 to the district secretary and shall publish
335 the score and supporting data on its website. The department
336 shall validate each M.P.O.’s score calculation and make
337 adjustments thereto if necessary.
338 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
339 (a) A Metropolitan Planning Organization Advisory Council
340 is created to augment, and not supplant, the role of the
341 individual M.P.O.’s in the cooperative transportation planning
342 process described in this section.
343 (b) The council shall consist of one representative from
344 each M.P.O. and shall elect a chairperson annually from its
345 number. Each M.P.O. shall also elect an alternate representative
346 from each M.P.O. to vote in the absence of the representative.
347 Members of the council do not receive any compensation for their
348 services, but may be reimbursed from funds made available to
349 council members for travel and per diem expenses incurred in the
350 performance of their council duties as provided in s. 112.061.
351 (c) The powers and duties of the Metropolitan Planning
352 Organization Advisory Council are to:
353 1. Establish bylaws by action of its governing board
354 providing procedural rules to guide its proceedings and
355 consideration of matters before the council, or, alternatively,
356 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
357 provisions of law conferring powers or duties upon it.
358 2. Assist M.P.O.’s in carrying out the urbanized area
359 transportation planning process by serving as the principal
360 forum for collective policy discussion pursuant to law.
361 3. Serve as a clearinghouse for review and comment by
362 M.P.O.’s on the Florida Transportation Plan and on other issues
363 required to comply with federal or state law in carrying out the
364 urbanized area transportation and systematic planning processes
365 instituted pursuant to s. 339.155. The council must also report
366 annually to the Florida Transportation Commission on the
367 alignment of M.P.O. long-range transportation plans with the
368 Florida Transportation Plan.
369 4. Employ an executive director and such other staff as
370 necessary to perform adequately the functions of the council,
371 within budgetary limitations. The executive director and staff
372 are exempt from part II of chapter 110 and serve at the
373 direction and control of the council. The council is assigned to
374 the Office of the Secretary of the Department of Transportation
375 for fiscal and accountability purposes, but it shall otherwise
376 function independently of the control and direction of the
377 department.
378 5. Deliver training on federal and state program
379 requirements and procedures to M.P.O. board members and M.P.O.
380 staff.
381 6. Adopt an agency strategic plan that prioritizes steps
382 the agency will take to carry out its mission within the context
383 of the state comprehensive plan and any other statutory mandates
384 and directives.
385 (d) The Metropolitan Planning Organization Advisory Council
386 may enter into contracts in accordance with chapter 287 to
387 support the activities described in paragraph (c). Lobbying and
388 the acceptance of funds, grants, assistance, gifts, or bequests
389 from private, local, state, or federal sources are prohibited.
390 Section 5. Subsection (14) of section 331.3051, Florida
391 Statutes, is amended to read:
392 331.3051 Duties of Space Florida.—Space Florida shall:
393 (14) Partner with the Metropolitan Planning Organization
394 Advisory Council to coordinate and specify how aerospace
395 planning and programming will be part of the state’s cooperative
396 transportation planning process.
397 Section 6. Paragraph (e) of subsection (2) of section
398 331.310, Florida Statutes, is amended to read:
399 331.310 Powers and duties of the board of directors.—
400 (2) The board of directors shall:
401 (e) Prepare an annual report of operations as a supplement
402 to the annual report required under s. 331.3051(15) s.
403 331.3051(16). The report must include, but not be limited to, a
404 balance sheet, an income statement, a statement of changes in
405 financial position, a reconciliation of changes in equity
406 accounts, a summary of significant accounting principles, the
407 auditor’s report, a summary of the status of existing and
408 proposed bonding projects, comments from management about the
409 year’s business, and prospects for the next year.
410 Section 7. By October 31, 2024, the Department of
411 Transportation shall submit to the Governor, the President of
412 the Senate, and the Speaker of the House of Representatives a
413 report that provides a comprehensive review of the boundaries of
414 each of the department’s districts and makes recommendations as
415 to whether any district’s boundaries should be redrawn as a
416 result of population growth and increased urban density.
417 Section 8. This act shall take effect July 1, 2024.
418
419 ================= T I T L E A M E N D M E N T ================
420 And the title is amended as follows:
421 Delete everything before the enacting clause
422 and insert:
423 A bill to be entitled
424 An act relating to transportation; amending s. 20.23,
425 F.S.; deleting obsolete language; amending s. 334.065,
426 F.S.; revising the membership of the Center for Urban
427 Transportation Research advisory board; requiring
428 review and approval of certain recommendations to the
429 advisory board by the Florida Transportation
430 Commission and confirmation of such nominations by the
431 Board of Governors; amending s. 334.066, F.S.;
432 revising the membership of the Implementing Solutions
433 from Transportation Research and Evaluating Emerging
434 Technologies (I-STREET) Living Lab advisory board;
435 amending s. 339.175, F.S.; revising legislative
436 intent; prohibiting the designation of additional
437 metropolitan planning organizations (M.P.O.’s) after a
438 specified date except in certain urbanized areas;
439 deleting provisions relating to duties for a
440 designated M.P.O; revising projects and strategies to
441 be considered in developing an M.P.O.’s long-range
442 transportation plan and transportation improvement
443 program; revising the M.P.O.’s required to submit to
444 the Governor and the Legislature, by a specified date,
445 a feasibility report regarding consolidation;
446 requiring the department to periodically convene
447 M.P.O.’s of similar size to exchange best practices;
448 authorizing such M.P.O.’s to develop committees or
449 working groups; requiring training for new M.P.O.
450 governing board members to be provided by the
451 department or, at the discretion of the department,
452 another specified entity; deleting a provision
453 relating to M.P.O. coordination mechanisms; including
454 public-private partnerships as an authorized
455 innovative financing technique for needed projects and
456 programs; revising proposed transportation enhancement
457 activities that must be indicated by the long-range
458 transportation plan; providing that MPO long-range
459 transportation plans must be approved by the
460 department, as well as the M.P.O.; requiring the
461 department to review certain aspects of each M.P.O.’s
462 long-range transportation plan and to return the plan
463 to the M.P.O. for revision if deemed unsatisfactory;
464 requiring the department to create quality performance
465 metrics and a scoring mechanism to evaluate each
466 M.P.O.’s service to its communities and to establish a
467 minimum acceptable quality performance score;
468 requiring each M.P.O. to report its quality
469 performance score annually to the district secretary
470 and to publish the score on its website, beginning on
471 a specified date; requiring the department to validate
472 each M.P.O.’s score calculation and make any necessary
473 adjustments; deleting provisions relating to the
474 Metropolitan Planning Organization Advisory Council;
475 amending ss. 331.3051 and 331.310, F.S.; conforming
476 cross-references and provisions to changes made by the
477 act; requiring the department to submit a report to
478 the Governor and Legislature by a specified date which
479 provides a comprehensive review of the boundaries of
480 department districts and makes certain
481 recommendations; providing an effective date.