Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 462
Ì187586[Î187586
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/02/2025 .
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The Committee on Regulated Industries (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 833 - 1995
4 and insert:
5 Section 16. Present subsection (10) of section 339.175,
6 Florida Statutes, is redesignated as subsection (11), a new
7 subsection (10) is added to that section, and subsection (1),
8 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
9 subsection (6), paragraphs (a), (b), and (d) of subsection (7),
10 and present subsection (11) of that section are amended, to
11 read:
12 339.175 Metropolitan planning organization.—
13 (1) PURPOSE.—It is the intent of the Legislature to
14 encourage and promote the safe and efficient management,
15 operation, and development of multimodal surface transportation
16 systems that will serve the mobility needs of people and freight
17 and foster economic growth and development within and through
18 urbanized areas of this state while balancing conservation of
19 natural resources minimizing transportation-related fuel
20 consumption, air pollution, and greenhouse gas emissions through
21 metropolitan transportation planning processes identified in
22 this section. To accomplish these objectives, metropolitan
23 planning organizations, referred to in this section as M.P.O.’s,
24 shall develop, in cooperation with the state and public transit
25 operators, transportation plans and programs for metropolitan
26 areas. The plans and programs for each metropolitan area must
27 provide for the development and integrated management and
28 operation of transportation systems and facilities, including
29 pedestrian walkways and bicycle transportation facilities that
30 will function as an intermodal transportation system for the
31 metropolitan area, based upon the prevailing principles provided
32 in s. 334.046(1). The process for developing such plans and
33 programs shall provide for consideration of all modes of
34 transportation and shall be continuing, cooperative, and
35 comprehensive, to the degree appropriate, based on the
36 complexity of the transportation problems to be addressed. To
37 ensure that the process is integrated with the statewide
38 planning process, M.P.O.’s shall develop plans and programs that
39 identify transportation facilities that should function as an
40 integrated metropolitan transportation system, giving emphasis
41 to facilities that serve important national, state, and regional
42 transportation functions. For the purposes of this section,
43 those facilities include the facilities on the Strategic
44 Intermodal System designated under s. 339.63 and facilities for
45 which projects have been identified pursuant to s. 339.2819(4).
46 (2) DESIGNATION.—
47 (a)1. An M.P.O. shall be designated for each urbanized area
48 of the state; however, this does not require that an individual
49 M.P.O. be designated for each such area. Such designation shall
50 be accomplished by agreement between the Governor and units of
51 general-purpose local government representing at least 75
52 percent of the population of the urbanized area; however, the
53 unit of general-purpose local government that represents the
54 central city or cities within the M.P.O. jurisdiction, as
55 defined by the United States Bureau of the Census, must be a
56 party to such agreement.
57 2. To the extent possible, only one M.P.O. shall be
58 designated for each urbanized area or group of contiguous
59 urbanized areas. More than one M.P.O. may be designated within
60 an existing urbanized area only if the Governor and the existing
61 M.P.O. determine that the size and complexity of the existing
62 urbanized area makes the designation of more than one M.P.O. for
63 the area appropriate. After July 1, 2025, no additional M.P.O.’s
64 may be designated in this state except in urbanized areas, as
65 defined by the United States Census Bureau, where the urbanized
66 area boundary is not contiguous to an urbanized area designated
67 before the 2020 census, in which case each M.P.O. designated for
68 the area must:
69 a. Consult with every other M.P.O. designated for the
70 urbanized area and the state to coordinate plans and
71 transportation improvement programs.
72 b. Ensure, to the maximum extent practicable, the
73 consistency of data used in the planning process, including data
74 used in forecasting travel demand within the urbanized area.
75
76 Each M.P.O. required under this section must be fully operative
77 no later than 6 months following its designation.
78 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
79 privileges, and authority of an M.P.O. are those specified in
80 this section or incorporated in an interlocal agreement
81 authorized under s. 163.01. Each M.P.O. shall perform all acts
82 required by federal or state laws or rules, now and subsequently
83 applicable, which are necessary to qualify for federal aid. It
84 is the intent of this section that each M.P.O. be involved in
85 the planning and programming of transportation facilities,
86 including, but not limited to, airports, intercity and high
87 speed rail lines, seaports, and intermodal facilities, to the
88 extent permitted by state or federal law. An M.P.O. may not
89 perform project production or delivery for capital improvement
90 projects on the State Highway System.
91 (b) In developing the long-range transportation plan and
92 the transportation improvement program required under paragraph
93 (a), each M.P.O. shall provide for consideration of projects and
94 strategies that will:
95 1. Support the economic vitality of the contiguous
96 urbanized metropolitan area, especially by enabling global
97 competitiveness, productivity, and efficiency.
98 2. Increase the safety and security of the transportation
99 system for motorized and nonmotorized users.
100 3. Increase the accessibility and mobility options
101 available to people and for freight.
102 4. Protect and enhance the environment, conserve natural
103 resources promote energy conservation, and improve quality of
104 life.
105 5. Enhance the integration and connectivity of the
106 transportation system, across and between modes and contiguous
107 urbanized metropolitan areas, for people and freight.
108 6. Promote efficient system management and operation.
109 7. Emphasize the preservation of the existing
110 transportation system.
111 8. Improve the resilience of transportation infrastructure.
112 9. Reduce traffic and congestion.
113 (i) By December 31, 2023, the M.P.O.’s serving
114 Hillsborough, Pasco, and Pinellas Counties must submit a
115 feasibility report to the Governor, the President of the Senate,
116 and the Speaker of the House of Representatives exploring the
117 benefits, costs, and process of consolidation into a single
118 M.P.O. serving the contiguous urbanized area, the goal of which
119 would be to:
120 1. Coordinate transportation projects deemed to be
121 regionally significant.
122 2. Review the impact of regionally significant land use
123 decisions on the region.
124 3. Review all proposed regionally significant
125 transportation projects in the transportation improvement
126 programs.
127 (i)1.(j)1. To more fully accomplish the purposes for which
128 M.P.O.’s have been mandated, the department shall, at least
129 annually, convene M.P.O.’s of similar size, based on the size of
130 population served, for the purpose of exchanging best practices.
131 M.P.O.’s may shall develop committees or working groups as
132 needed to accomplish such purpose. At the discretion of the
133 department, training for new M.P.O. governing board members
134 shall be provided by the department, by an entity pursuant to a
135 contract with the department, by the Florida Center for Urban
136 Transportation Research, or by the Implementing Solutions from
137 Transportation Research and Evaluation of Emerging Technologies
138 (I-STREET) living lab coordination mechanisms with one another
139 to expand and improve transportation within the state. The
140 appropriate method of coordination between M.P.O.’s shall vary
141 depending upon the project involved and given local and regional
142 needs. Consequently, it is appropriate to set forth a flexible
143 methodology that can be used by M.P.O.’s to coordinate with
144 other M.P.O.’s and appropriate political subdivisions as
145 circumstances demand.
146 2. Any M.P.O. may join with any other M.P.O. or any
147 individual political subdivision to coordinate activities or to
148 achieve any federal or state transportation planning or
149 development goals or purposes consistent with federal or state
150 law. When an M.P.O. determines that it is appropriate to join
151 with another M.P.O. or any political subdivision to coordinate
152 activities, the M.P.O. or political subdivision shall enter into
153 an interlocal agreement pursuant to s. 163.01, which, at a
154 minimum, creates a separate legal or administrative entity to
155 coordinate the transportation planning or development activities
156 required to achieve the goal or purpose; provides the purpose
157 for which the entity is created; provides the duration of the
158 agreement and the entity and specifies how the agreement may be
159 terminated, modified, or rescinded; describes the precise
160 organization of the entity, including who has voting rights on
161 the governing board, whether alternative voting members are
162 provided for, how voting members are appointed, and what the
163 relative voting strength is for each constituent M.P.O. or
164 political subdivision; provides the manner in which the parties
165 to the agreement will provide for the financial support of the
166 entity and payment of costs and expenses of the entity; provides
167 the manner in which funds may be paid to and disbursed from the
168 entity; and provides how members of the entity will resolve
169 disagreements regarding interpretation of the interlocal
170 agreement or disputes relating to the operation of the entity.
171 Such interlocal agreement shall become effective upon its
172 recordation in the official public records of each county in
173 which a member of the entity created by the interlocal agreement
174 has a voting member. Multiple M.P.O.’s may merge, combine, or
175 otherwise join together as a single M.P.O.
176 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
177 develop a long-range transportation plan that addresses at least
178 a 20-year planning horizon. The plan must include both long
179 range and short-range strategies and must comply with all other
180 state and federal requirements. The prevailing principles to be
181 considered in the long-range transportation plan are: preserving
182 the existing transportation infrastructure; enhancing Florida’s
183 economic competitiveness; and improving travel choices to ensure
184 mobility. The long-range transportation plan must be consistent,
185 to the maximum extent feasible, with future land use elements
186 and the goals, objectives, and policies of the approved local
187 government comprehensive plans of the units of local government
188 located within the jurisdiction of the M.P.O. Each M.P.O. is
189 encouraged to consider strategies that integrate transportation
190 and land use planning to provide for sustainable development and
191 reduce greenhouse gas emissions. The approved long-range
192 transportation plan must be considered by local governments in
193 the development of the transportation elements in local
194 government comprehensive plans and any amendments thereto. The
195 long-range transportation plan must, at a minimum:
196 (a) Identify transportation facilities, including, but not
197 limited to, major roadways, airports, seaports, spaceports,
198 commuter rail systems, transit systems, and intermodal or
199 multimodal terminals that will function as an integrated
200 metropolitan transportation system. The long-range
201 transportation plan must give emphasis to those transportation
202 facilities that serve national, statewide, or regional
203 functions, and must consider the goals and objectives identified
204 in the Florida Transportation Plan as provided in s. 339.155. If
205 a project is located within the boundaries of more than one
206 M.P.O., the M.P.O.’s must coordinate plans regarding the project
207 in the long-range transportation plan. Multiple M.P.O.’s within
208 a contiguous urbanized area must coordinate the development of
209 long-range transportation plans to be reviewed by the
210 Metropolitan Planning Organization Advisory Council.
211 (b) Include a financial plan that demonstrates how the plan
212 can be implemented, indicating resources from public and private
213 sources which are reasonably expected to be available to carry
214 out the plan, and recommends any additional financing strategies
215 for needed projects and programs. The financial plan may
216 include, for illustrative purposes, additional projects that
217 would be included in the adopted long-range transportation plan
218 if reasonable additional resources beyond those identified in
219 the financial plan were available. For the purpose of developing
220 the long-range transportation plan, the M.P.O. and the
221 department shall cooperatively develop estimates of funds that
222 will be available to support the plan implementation. Innovative
223 financing techniques may be used to fund needed projects and
224 programs. Such techniques may include the assessment of tolls,
225 public-private partnerships, the use of value capture financing,
226 or the use of value pricing. Multiple M.P.O.’s within a
227 contiguous urbanized area must ensure, to the maximum extent
228 possible, the consistency of data used in the planning process.
229 (d) Indicate, as appropriate, proposed transportation
230 enhancement activities, including, but not limited to,
231 pedestrian and bicycle facilities, trails or facilities that are
232 regionally significant or critical linkages for the Florida
233 Shared-Use Nonmotorized Trail Network, scenic easements,
234 landscaping, integration of advanced air mobility, and
235 integration of autonomous and electric vehicles, electric
236 bicycles, and motorized scooters used for freight, commuter, or
237 micromobility purposes historic preservation, mitigation of
238 water pollution due to highway runoff, and control of outdoor
239 advertising.
240
241 In the development of its long-range transportation plan, each
242 M.P.O. must provide the public, affected public agencies,
243 representatives of transportation agency employees, freight
244 shippers, providers of freight transportation services, private
245 providers of transportation, representatives of users of public
246 transit, and other interested parties with a reasonable
247 opportunity to comment on the long-range transportation plan.
248 The long-range transportation plan must be approved by the
249 M.P.O.
250 (10) AGREEMENTS; ACCOUNTABILITY.—
251 (a) Each M.P.O. may execute a written agreement with the
252 department, which shall be reviewed, and updated as necessary,
253 every 5 years, which clearly establishes the cooperative
254 relationship essential to accomplish the transportation planning
255 requirements of state and federal law. Roles, responsibilities,
256 and expectations for accomplishing consistency with federal and
257 state requirements and priorities must be set forth in the
258 agreement. In addition, the agreement must set forth the
259 M.P.O.’s responsibility, in collaboration with the department,
260 to identify, prioritize, and present to the department a
261 complete list of multimodal transportation projects consistent
262 with the needs of the metropolitan planning area. It is the
263 department’s responsibility to program projects in the state
264 transportation improvement program.
265 (b) The department must establish, in collaboration with
266 each M.P.O., quality performance metrics, such as safety,
267 infrastructure condition, congestion relief, and mobility. Each
268 M.P.O. must, as part of its long-range transportation plan, in
269 direct coordination with the department, develop targets for
270 each performance measure within the metropolitan planning area
271 boundary. The performance targets must support efficient and
272 safe movement of people and goods both within the metropolitan
273 planning area and between regions. Each M.P.O. must report
274 progress toward establishing performance targets for each
275 measure annually in its transportation improvement plan. The
276 department shall evaluate and post on its website whether each
277 M.P.O. has made significant progress toward its target for the
278 applicable reporting period.
279 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
280 (a) A Metropolitan Planning Organization Advisory Council
281 is created to augment, and not supplant, the role of the
282 individual M.P.O.’s in the cooperative transportation planning
283 process described in this section.
284 (b) The council shall consist of one representative from
285 each M.P.O. and shall elect a chairperson annually from its
286 number. Each M.P.O. shall also elect an alternate representative
287 from each M.P.O. to vote in the absence of the representative.
288 Members of the council do not receive any compensation for their
289 services, but may be reimbursed from funds made available to
290 council members for travel and per diem expenses incurred in the
291 performance of their council duties as provided in s. 112.061.
292 (c) The powers and duties of the Metropolitan Planning
293 Organization Advisory Council are to:
294 1. Establish bylaws by action of its governing board
295 providing procedural rules to guide its proceedings and
296 consideration of matters before the council, or, alternatively,
297 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
298 provisions of law conferring powers or duties upon it.
299 2. Assist M.P.O.’s in carrying out the urbanized area
300 transportation planning process by serving as the principal
301 forum for collective policy discussion pursuant to law.
302 3. Serve as a clearinghouse for review and comment by
303 M.P.O.’s on the Florida Transportation Plan and on other issues
304 required to comply with federal or state law in carrying out the
305 urbanized area transportation and systematic planning processes
306 instituted pursuant to s. 339.155. The council must also report
307 annually to the Florida Transportation Commission on the
308 alignment of M.P.O. long-range transportation plans with the
309 Florida Transportation Plan.
310 4. Employ an executive director and such other staff as
311 necessary to perform adequately the functions of the council,
312 within budgetary limitations. The executive director and staff
313 are exempt from part II of chapter 110 and serve at the
314 direction and control of the council. The council is assigned to
315 the Office of the Secretary of the Department of Transportation
316 for fiscal and accountability purposes, but it shall otherwise
317 function independently of the control and direction of the
318 department.
319 5. Deliver training on federal and state program
320 requirements and procedures to M.P.O. board members and M.P.O.
321 staff.
322 6. Adopt an agency strategic plan that prioritizes steps
323 the agency will take to carry out its mission within the context
324 of the state comprehensive plan and any other statutory mandates
325 and directives.
326 (d) The Metropolitan Planning Organization Advisory Council
327 may enter into contracts in accordance with chapter 287 to
328 support the activities described in paragraph (c). Lobbying and
329 the acceptance of funds, grants, assistance, gifts, or bequests
330 from private, local, state, or federal sources are prohibited.
331 Section 17. Subsection (4) of section 339.65, Florida
332 Statutes, is amended to read:
333 339.65 Strategic Intermodal System highway corridors.—
334 (4) The department shall develop and maintain a plan of
335 Strategic Intermodal System highway corridor projects that are
336 anticipated to be let to contract for construction within a time
337 period of at least 20 years. The department shall prioritize
338 projects affecting gaps in a corridor so that the corridor
339 becomes contiguous in its functional characteristics across the
340 corridor. The plan must shall also identify when segments of the
341 corridor will meet the standards and criteria developed pursuant
342 to subsection (5).
343 Section 18. Paragraph (e) of subsection (2) of section
344 331.310, Florida Statutes, is amended to read:
345 331.310 Powers and duties of the board of directors.—
346 (2) The board of directors shall:
347 (e) Prepare an annual report of operations as a supplement
348 to the annual report required under s. 331.3051(15) s.
349 331.3051(16). The report must include, but not be limited to, a
350 balance sheet, an income statement, a statement of changes in
351 financial position, a reconciliation of changes in equity
352 accounts, a summary of significant accounting principles, the
353 auditor’s report, a summary of the status of existing and
354 proposed bonding projects, comments from management about the
355 year’s business, and prospects for the next year.
356
357 ================= T I T L E A M E N D M E N T ================
358 And the title is amended as follows:
359 Delete lines 68 - 144
360 and insert:
361 warranty or defect; amending s. 339.175, F.S.;
362 revising legislative intent; revising requirements for
363 the designation of additional metropolitan planning
364 organizations (M.P.O.’s); revising projects and
365 strategies to be considered in developing an M.P.O.’s
366 long-range transportation plan and transportation
367 improvement program; deleting obsolete provisions;
368 requiring the department to convene M.P.O.’s of
369 similar size to exchange best practices at least
370 annually; authorizing M.P.O.’s to develop committees
371 or working groups; requiring training for new M.P.O.
372 governing board members to be provided by the
373 department or another specified entity; deleting
374 provisions relating to M.P.O. coordination mechanisms;
375 including public-private partnerships in authorized
376 financing techniques; revising proposed transportation
377 enhancement activities that must be indicated by the
378 long-range transportation plan; authorizing each
379 M.P.O. to execute a written agreement with the
380 department regarding state and federal transportation
381 planning requirements; requiring the department, in
382 collaboration with M.P.O.’s, to establish certain
383 quality performance metrics and develop certain
384 performance targets; requiring the department to
385 evaluate and post on its website whether each M.P.O.
386 has made significant progress toward such targets;
387 deleting provisions relating to the Metropolitan
388 Planning Organization Advisory Council; amending s.
389 339.65, F.S.; requiring the department to prioritize
390 certain Strategic Intermodal System highway corridor
391 projects; amending s. 331.310, F.S.; conforming a
392 cross-reference; reenacting